What is the test for a jury to determine if a defendant's belief in the need to defend is objectively reasonable?

California, United States of America


The following excerpt is from People v. Morales, B263076 (Cal. App. 2016):

In evaluating where a defendant's belief in the need to defend is objectively reasonable, "a jury must consider what 'would appear to be necessary to a reasonable person in a similar situation and with similar knowledge . . . .' [Citation.] It judges reasonableness 'from the point of view of a reasonable person in the position of defendant . . . .' [Citation.] To do this, it must consider all the '"'facts and circumstances . . . in determining whether the defendant acted in a manner in which a reasonable man would act in protecting his own life or bodily safety.'"' [Citation.] As we stated long ago, '. . . a defendant is entitled to have a jury take into consideration all the elements in the case which might be expected to operate on his mind . . . .'" (People v. Humphrey, supra, 13 Cal.4th at pp. 1082-1083.)

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