Does a jury have to instruct the jury on self-defense and defense of others?

California, United States of America


The following excerpt is from People v. Hade, A138990 (Cal. App. 2015):

Defendant requested instructions on perfect and imperfect self-defense and defense of others. The court gave the instructions on imperfect self-defense and defense of others (CALJIC No. 5.17) but refused to instruct on perfect self-defense and defense of others.6 Defendant contends the court deprived him of due process, the right to a defense and a fair trial by failing to instruct the jury on self-defense and defense of others.

Page 20

Defendant's claim of instructional error is reviewed de novo. (People v. Cole (2004) 33 Cal.4th 1158, 1210.)

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