How have the courts instructed the jury in a case of imperfect self-defense?

California, United States of America


The following excerpt is from People v. Romero, G052114 (Cal. App. 2017):

"'"[T]he correctness of jury instructions is to be determined from the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction."' [Citations.]" (People v. Musselwhite (1998) 17 Cal.4th 1216, 1248.) In addition to CALCRIM No. 1403, the court instructed the jury with CALCRIM No. 604 (imperfect self-defense) and CALCRIM No. 3470 (self-defense). CALCRIM No. 604 instructed the jury, "In evaluating the defendant's beliefs, consider all the circumstances as they were known and appeared to the defendant." CALCRIM No. 347 instructed the jury, "When deciding whether the defendant's beliefs were reasonable, consider all the circumstances that were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed."

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