When will the court instruct the jury that a person does not have a right to self-defense if he or she provokes a fight or quarrel with the intent to create an excuse to use force?

California, United States of America


The following excerpt is from People v. Allen, 2d Crim. No. B281039 (Cal. App. 2019):

Appellant did not object when the court instructed the jury with CALCRIM No. 3472, stating "[a] person does not have the right to self-defense if he or she provokes a fight or quarrel with the intent to create an excuse to use force." He now argues that it misstates the law. We again disagree. CALCRIM No. 3472 "is a correct statement of law." (People v. Eulian (2016) 247 Cal.App.4th 1324, 1334.) At most, it "might require modification in the rare case in which a defendant intended to provoke only a nondeadly confrontation and the victim responds with deadly force." (Ibid.) No such modification of the instruction was needed here.

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