California Criminal Jury Instructions (CALCRIM) (2017)
509. Justifiable Homicide: Non-Peace Officer Preserving the PeaceDownload PDF
509.Justiﬁable Homicide: Non-Peace Officer Preserving the
The defendant is not guilty of (murder/ [or] manslaughter/ attempted
murder/ [or] attempted voluntary manslaughter) if (he/she)
(killed/attempted to kill) someone while preserving the peace. Such (a/
an) [attempted] killing is justiﬁed, and therefore not unlawful, if:
1. The defendant committed the [attempted] killing while lawfully
(suppressing a riot/keeping and preserving the peace);
2. The defendant had probable cause to believe that
<insert name of decedent> posed a threat of serious physical
harm, either to the defendant or someone else;
3. The [attempted] killing was necessary to lawfully (suppress a
riot/keep and preserve the peace).
A person has probable cause to believe that someone poses a threat of
serious physical harm when facts known to the person would persuade
someone of reasonable caution that the other person is going to cause
serious physical harm to another.
[A riot occurs when two or more people, acting together and without
legal authority, disturb the public peace by use of force or violence or
by threat to use force or violence with the immediate ability to carry
out those threats.]
[A disturbance of the public peace may happen in any place of
conﬁnement. <insert name of detention facility> is a place of
The People have the burden of proving beyond a reasonable doubt that
the [attempted] killing was not justiﬁed. If the People have not met this
burden, you must ﬁnd the defendant not guilty of [attempted] (murder/
New January 2006
The court has a sua sponte duty to instruct on justiﬁable homicide when “it
appears that the defendant is relying on such a defense, or if there is substantial
evidence supportive of such a defense and the defense is not inconsistent with the
defendant’s theory of the case.” (See People v. Breverman (1998) 19 Cal.4th 142,
156 [77 Cal.Rptr.2d 870, 960 P.2d 1094] [addressing sua sponte duty to instruct on
CALCRIM No. 507, Justiﬁable Homicide: By Public Offıcer.
CALCRIM No. 508, Justiﬁable Homicide: Citizen Arrest (Non-Peace Offıcer).
• Justiﬁable Homicide to Preserve the Peace. Pen. Code, §§ 197, subd. 4, 199.
•Lawful Resistance to the Commission of an Offense. Pen. Code, §§ 692–694.
• Riot Deﬁned. Pen. Code, § 404(a).
• Burden of Proof. Pen. Code, § 189.5; People v. Frye (1992) 7 Cal.App.4th
1148, 1154–1155 [10 Cal.Rptr.2d 217].
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Defenses, §§ 80–86.
3Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justiﬁcations, § 73.14 (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.04[c] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.01[b] (Matthew Bender).
Person Using Force Must Fear Imminent Death or Bodily Injury
“Deadly force may not be used to prevent the escape of an apparently unarmed
suspected felon unless it is necessary to prevent the escape and the officer has
probable cause to believe that the suspect poses a signiﬁcant threat of death or
serious physical injury to the officer or others.” (Tennessee v. Garner (1985) 471
U.S. 1, 3, 11 [105 S.Ct. 1694, 85 L.Ed.2d 1].) “Garner necessarily limits the scope
of justiﬁcation for homicide under section 197, subdivision 4, and other similar
statutes from the date of that decision.” (People v. Martin (1985) 168 Cal.App.3d
1111, 1124 [214 Cal.Rptr. 873].)
HOMICIDE CALCRIM No. 509