What is the test for using excessive force in self-defense?

California, United States of America


The following excerpt is from People v. McDonald, F068137 (Cal. App. 2017):

In People v. Aguirre (1938) 11 Cal.2d 248, the defendant challenged one of the jury instructions on self-defense, which stated: " 'In the effort to save his own [life], or to avoid the infliction of great bodily injury upon him, the person in danger, real or apparently real, may use so much force as is necessary to meet such danger and no more. If he goes beyond this limit, he transcends the law of self-defense, and becomes himself a wrongdoer.' " (Id. at p. 253.) The court stated: "It is claimed that such language requires the defendant at his peril to determine the amount of force necessary to meet the

Page 12

Other Questions


What is the proper test for determining whether there was excessive force or excessive force used by the police to force a person to submit to the use of an emetic? (California, United States of America)
What is the test for using force as a justification for what would otherwise be a criminal use of force? (California, United States of America)
In a civil case brought by former Costa Mesa Police Officer and Parole Board member John Sisson, who alleges excessive force, dishonesty and fabrication of evidence, is he seeking discovery of records relating to allegations of excessive force? (California, United States of America)
Can a defendant who has been convicted under section 148(1) of the Ontario Penal Code (a)(1) for excessive force use of force against an arrestee who has not been convicted of any offences under the same section? (California, United States of America)
How has factor (a) been considered in determining that a defendant's use or attempted use of force was an aggravating circumstance? (California, United States of America)
What is the test for voluntary manslaughter based on use of excessive force in self-defense? (California, United States of America)
What evidence supports a jury's finding that defendant used excessive force in defending himself against Matthew? (California, United States of America)
What is the test for a defendant to be found guilty of a charge of second-degree murder for using excessive force in a shooting? (California, United States of America)
Does a defendant have a right to self-defence if he uses excessive force? (California, United States of America)
What is the test for obtaining records of past complaints of excessive use of force by police officers? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.