What is the test for unreasonable self-defense instructions?
California, United States of America
The following excerpt is from People v. Hamilton, 221 Cal.Rptr. 858, 41 Cal.3d 211 (Cal. 1985):
As this court held in People v. Wickersham (1982) 32 Cal.3d 307, 328, 185 Cal.Rptr. 436, 650 P.2d 311, unreasonable self-defense instructions must be given on request whenever they are supported by the evidence, even though the defense primarily relies on another theory. A request for such instructions cannot fairly be deemed a concession that the primary defense theory is false.
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