When will a jury consider a voluntary manslaughter on the ground of imperfect self-defense?

California, United States of America


The following excerpt is from People v. Carpio, B261698 (Cal. App. 2016):

It is not reasonably likely that the jury read CALJIC No. 5.31 to preclude its consideration of voluntary manslaughter on the ground of imperfect self-defense. CALJIC No. 5.31 by its terms addresses how to assess whether a defendant acted in perfect self-defense (not imperfect self-defense) (People v. Wittig (1984) 158 Cal.App.3d 124, 137), and is a correct statement of the law in that regard (People v. Rush (1960) 180 Cal.App.2d 885, 889-890). What is more, the trial court gave CALJIC No. 5.31 in the cluster of instructions regarding perfect self-defense (and before making any mention of imperfect self-defense), and CALJIC No. 5.31 refers to what a defendant "believes and a reasonable person in the same or similar circumstances would believe," which parallels the elements of perfect self-defense set forth in CALCRIM No. 505. Although we agree

Page 17

Other Questions


What is voluntary manslaughter and what is the definition of voluntary manslaughter? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
Does the trial court have to continue to consider the lesser included offenses of involuntary manslaughter and voluntary manslaughter as a defense? (California, United States of America)
What is voluntary manslaughter and what is the definition of voluntary manslaughter? (California, United States of America)
Is a jury's instruction on voluntary manslaughter sufficient to convict a defendant of manslaughter? (California, United States of America)
Is the evidence of alcohol consumption sufficient to be considered for the lesser included offenses of second degree murder and voluntary manslaughter? (California, United States of America)
In a personal injury action, how have the courts considered whether to give a voluntary manslaughter instruction? (California, United States of America)
What is the test for a defendant to be found guilty of voluntary manslaughter in a case of imperfect self-defense? (California, United States of America)
What is the test for a defendant to be found guilty of voluntary manslaughter in a case of imperfect 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.