CALCRIM No. 3472. Right to Self-Defense: May Not Be Contrived

Judicial Council of California Criminal Jury Instructions (2023 edition)

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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.
[However, if the defendant used only non-deadly force, and the opponent
responded with such sudden and deadly force that the defendant could
not withdraw from the fight, then the defendant had the right to defend
(himself/herself) with deadly force and was not required to try to stop
fighting.]
New January 2006; Revised February 2016, March 2017, September 2022
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].)
Give the bracketed sentence if there is evidence that the defendant intended to
provoke only a non-deadly confrontation and the victim responded with deadly
force. (People v. Eulian (2016) 247 Cal.App.4th 1324, 1334 [203 Cal.Rptr.3d 101];
People v. Ramirez (2015) 233 Cal.App.4th 940, 952 [183 Cal.Rptr.3d 267].)
AUTHORITY
Instructional Requirements. People v. Olguin, supra, 31 Cal.App.4th at p. 1381;
Fraguglia v. Sala (1936) 17 Cal.App.2d 738, 743-744 [62 P.2d 783]; People v.
Hinshaw, supra, 194 Cal. at p. 26.
This Instruction Generally a Correct Statement of Law. People v. Eulian, supra,
247 Cal.App.4th at p. 1334.)
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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