How have the courts interpreted the law in the context of self-defence?

California, United States of America


The following excerpt is from People v. Dalton, C069572 (Cal. App. 2015):

Defendant claims that these arguments were misstatements of the law under People v. Trevino (1988) 200 Cal.App.3d 874 at pages 878 to 880 (Trevino). In Trevino, the court held that "an instruction which states that the party killing must act under the influence of such fears alone, is a correct statement of the law. [Citations.] [] In so holding, we do not mean to imply that a person who feels anger or even hatred toward the person killed, may never justifiably use deadly force in self-defense. . . . [] [I]t would be unreasonable to require an absence of any feeling other than fear, before the homicide

Page 29

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