What is the test for substantial evidence to support the defense of self-defence?

California, United States of America


The following excerpt is from People v. Beverly, B282338 (Cal. App. 2018):

A court is not required to instruct on theories that lack substantial evidentiary support. (People v. Burney (2009) 47 Cal.4th 203, 246.) " ' " 'Substantial evidence is evidence sufficient to "deserve consideration by the jury," that is, evidence that a reasonable jury could find persuasive.' " ' [Citation.]" (People v. Benavides (2005) 35 Cal.4th 69, 102.) We review the record independently to determine whether there is substantial evidence to support the defense. (People v. Shelmire (2005) 130 Cal.App.4th 1044, 1054-1055.)

" 'To justify an act of self-defense [for an assault charge under Penal Code section 245] the defendant must have an honest and reasonable belief that bodily injury is about to be inflicted on him. [Citation.]' [Citations.] The threat of bodily injury must be imminent [citation] and '. . . any right of self-defense is limited to the use of such force as is reasonable under the circumstances.' " (People v. Minifie (1996) 13 Cal.4th 1055,

Page 7

1065-1066.) A defendant's belief in the need to defend herself must be objectively reasonable. (People v. Humphrey (1996) 13 Cal.4th 1073, 1082-1083.)

Other Questions


What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for establishing substantial evidence against a defendant who alleges substantial evidence does not support his conviction? (California, United States of America)
When determining whether there is substantial evidence to support a conviction, what is the test for substantial evidence? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
What is the test for establishing substantial evidence in a motion to overturn a decision of the trial court based upon the absence of substantial evidence to support it? (California, United States of America)
What is substantial evidence applied for a substantial evidence application to review whether an employer failed to pay a certain amount of wages? (California, United States of America)
What is considered substantial evidence in the context of the definition of the word "substantial evidence"? (California, United States of America)
Is substantial evidence sufficient to support a defendant's claim of insufficiency of evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.