California Criminal Jury Instructions (CALCRIM) (2017)

3472. Right to Self-Defense: May Not Be Contrived

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3472.Right to Self-Defense: May Not Be Contrived
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.
New January 2006; Revised February 2016, March 2017
BENCH NOTES
Instructional Duty
The court may give this instruction on request when supported by the evidence.
(People v. Olguin (1995) 31 Cal.App.4th 1355, 1381 [37 Cal.Rptr.2d 596].) The
California Supreme Court has held that language in CALJIC No. 5.55, which is
similar to this instruction, correctly states California law on self-defense and
imperfect self-defense. (People v. Enraca (2012) 53 Cal.4th 735, 761–762 [269
P.3d 543]; People v. Hinshaw (1924) 194 Cal. 1, 26 [227 P. 156].) This instruction
may require modification in the rare case in which a defendant intends to provoke
only a non-deadly confrontation and the victim responds with deadly force. (People
v. Eulian, (2016) 247 Cal.App.4th 1324, 1334 [203 Cal.Rptr.3d 101]; see also
People v. Ramirez (2015) 233 Cal.App.4th 940, 952 [183 Cal.Rptr.3d 267].)
AUTHORITY
• Instructional Requirements. People v. Olguin (1995) 31 Cal.App.4th 1355,
1381 [37 Cal.Rptr.2d 596]; Fraguglia v. Sala (1936) 17 Cal.App.2d 738,
743–744 [62 P.2d 783]; People v. Hinshaw (1924) 194 Cal. 1, 26 [227 P. 156].
• This Instruction Generally a Correct Statement of Law. People v. Eulian,
(2016) 247 Cal.App.4th 1324, 1334 [203 Cal.Rptr.3d 101].)
Secondary Sources
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Defenses, §§ 75, 78.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.11[2][a] (Matthew Bender).
3473 Reserved for Future Use
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