What is the test for the jury in the case of Kwon, who is not charged with a crime?

California, United States of America

The following excerpt is from People v. Bravo, F060942 (Cal. App. 2012):

Initially, Bravo argues the trial court erred by instructing the jury with CALCRIM No. 3475. Bravo correctly points out that this instruction is primarily designed to be used when a possessor of real property is charged with a crime resulting from the use of excessive force against a trespasser. (People v. Johnson (2009) 180 Cal.App.4th 702, 709.) Since Kwon was not charged with a crime, the trial court would have erred had it instructed the jury with an unmodified version of the instruction.

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What is the test for the jury in the case of Kwon, who is not charged with a crime?

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