What is the test for instructing a jury on a self-defense defense?

California, United States of America


The following excerpt is from People v. Carder, F074045 (Cal. App. 2018):

"'"It is settled that in criminal cases, even in the absence of a request, a trial court must instruct on general principles of law relevant to the issues raised by the evidence"' and '"necessary for the jury's understanding of the case."' [Citations.] It is also well settled that this duty to instruct extends to defenses 'if it appears ... the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.' [Citations.]" (People v. Brooks (2017) 3 Cal.5th 1, 73.)

"A trial court is required to instruct sua sponte on any defense, including self-defense, only when there is substantial evidence supporting the defense, and the defendant is either relying on the defense or the defense is not inconsistent with the defendant's theory of the case. [Citation.]" (People v. Villanueva (2008) 169 Cal.App.4th 41, 49.) Substantial evidence is "'evidence which is reasonable, credible, and of solid value'" (People v. Shelmire (2005) 130 Cal.App.4th 1044, 1055, quoting

Page 7

Other Questions


Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
What is the test for instructional error in instructing a jury to convict a defendant on imperfect defense of others? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does a court have a duty to instruct on the defense of others as a legal defense to assault? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
What is a trial court's duty to instruct sua sponte on certain self-defense defenses? (California, United States of America)
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter? (California, United States of America)
Can defense counsel request further instructions to instruct the jury that the absence of mitigation is not an aggravating factor? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
What is the test for instructing a sua sponte on any defense including self-defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.