What is the defence of self-defense against tear gas?

California, United States of America


The following excerpt is from People v. Alcaraz, G047088 (Cal. App. 2013):


---

Notes:

1. The trial court did not instruct the jury that duress was a defense to the charge of use of tear gas, and defendant does not claim this was error. The court instructed the jury that it could consider the defense of self-defense for the crime of use of tear gas and a tear gas weapon.

2. Defendant's trial counsel also objected on the ground of hearsay. Defendant does not pursue this argument on appeal. An expert witness may generally base his or her opinion on hearsay. (Evid. Code, 801, subd. (b); People v. Gardeley (1996) 14 Cal.4th 605, 618.)


--------

Notes:

Other Questions


What is the effect of section 352 of the Alberta Evidence Code on a defence where a defence witness has been called to testify at trial? (California, United States of America)
What is the burden of the prosecution on the defence of self-defence? (California, United States of America)
What is the standard of conduct of a defence lawyer in defence of an allegation of sexual assault? (California, United States of America)
Is a police dispatch report that was sent to the victim by the victim's mother as evidence for the purposes of her defence? (California, United States of America)
What is the test for severance of a defense of self-defence in a joint trial? (California, United States of America)
On what grounds can a judge exclude or limit or exclude rebuttal victim impact evidence from a defence on the grounds of abuse of discretion? (California, United States of America)
Can a defendant argue that CALCRIM No. 3471 was misleading when it stated a party does not have the right to self-defence unless he retreats and withdraws? (California, United States of America)
What is the difference between a prosecutor and a defence in a sexual assault case where the prosecution argued that the victim's statements were inconsistent with the facts? (California, United States of America)
What is a defendant's right to present his own defence in a civil trial? (California, United States of America)
What is the state of the law on habeas corpus when it comes to defence counsel's ineffectiveness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.