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
New January 2006; Revised February 2016, March 2017, September 2022
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].)
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.)
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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