Section 3476 | CALCRIM (Jury Instructions)

sufficient for a reasonable jury to find a reasonable doubt as to the defendant’s guilt.
(People v. Salas (2006) 37 Cal.4th 967, 982–983 [38 Cal.Rptr.3d 624, 127 P.3d 40].)
Related Instructions
CALCRIM No. 3476, Right to Defend Real or Personal Property.
CALCRIM No. 3477, Presumption That Resident Was Reasonably Afraid of Death
or Great Bodily Injury.
CALCRIM No. 506, Justifiable Homicide: Defending Against Harm to Person
Within Home or on Property.
AUTHORITY
•
Instructional Requirements. See People v. Corlett (1944) 67 Cal.App.2d 33,
51–52 [153 P.2d 595]; People v. Teixeira (1899) 123 Cal. 297, 298–299 [55 P.
988]; Civ. Code, § 50.
•
Burden of Proof. See Boyer v. Waples (1962) 206 Cal.App.2d 725, 727 [24
Cal.Rptr. 192] [civil action].
RELATED ISSUES
Negating Self-Defense Claim
The right to defend one’s home may negate a defendant’s claim of imperfect self-
defense, as held in People v. Watie (2002) 100 Cal.App.4th 866, 878 [124
Cal.Rptr.2d 258]:
[T]he right of a victim to defend himself and his property is a relevant
consideration in determining whether a defendant may prevail when he seeks to
negate malice aforethought by asserting the affirmative defense of imperfect
self-defense . . . [¶] . . . If [the victim] had a right to use force to defend
himself in his home, then defendant had no right of self-defense, imperfect, or
otherwise.
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Defenses, § 88.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, §§ 73.11[1], 73.13[2] (Matthew Bender).
CALCRIM No. 3475
DEFENSES AND INSANITY
1062