Section 505 | CALCRIM (Jury Instructions)

or harmed the defendant [or others] in the past, you may consider that
information in deciding whether the defendant’s conduct and beliefs
were reasonable.]
[If you find that the defendant knew that
<insert name of
decedent/victim> had threatened or harmed others in the past, you may
consider that information in deciding whether the defendant’s conduct
and beliefs were reasonable.]
[Someone who has been threatened or harmed by a person in the past, is
justified in acting more quickly or taking greater self-defense measures
against that person.]
[If you find that the defendant received a threat from someone else that
(he/she) reasonably associated with
<insert name of
decedent/victim>, you may consider that threat in deciding whether the
defendant was justified in acting in (self-defense/[or] defense of
another).]
[A defendant is not required to retreat. He or she is entitled to stand his
or her ground and defend himself or herself and, if reasonably necessary,
to pursue an assailant until the danger of (death/great bodily injury/
<insert forcible and atrocious crime>) has passed. This is so
even if safety could have been achieved by retreating.]
[Great bodily injury means significant or substantial physical injury. It is
an injury that is greater than minor or moderate harm.]
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 (murder/ [or]
manslaughter/ attempted murder/ [or] attempted voluntary
manslaughter).
New January 2006; Revised February 2012, August 2012, September 2020, March
2022, September 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on self-defense 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.” (People v. Breverman (1998) 19 Cal.4th 142, 157 [77
Cal.Rtpr.2d 870, 960 P.2d 1094] [addressing duty to instruct on voluntary
manslaughter as lesser included offense, but also discussing duty to instruct on
defenses generally]; see also People v. Lemus (1988) 203 Cal.App.3d 470, 478 [249
Cal.Rptr. 897] [if substantial evidence of self-defense exists, court must instruct sua
CALCRIM No. 505
HOMICIDE
224

•
Fear. Pen. Code, § 198.
•
Lawful Resistance. Pen. Code, §§ 692–694.
•
Burden of Proof. Pen. Code, § 189.5; People v. Banks (1976) 67 Cal.App.3d
379, 383–384 [137 Cal.Rptr. 652].
•
Elements. People v. Humphrey (1996) 13 Cal.4th 1073, 1082 [56 Cal.Rptr.2d
142, 921 P.2d 1].
•
Forcible and Atrocious Crimes. People v. Ceballos, supra, 12 Cal.3d at pp.
478–479; People v. Morales, supra, 69 Cal.App.5th at pp. 992–993.
•
Imminence. People v. Aris (1989) 215 Cal.App.3d 1178, 1187 [264 Cal.Rptr.
167], overruled on other grounds in People v. Humphrey, supra, 13 Cal.4th at p.

•
No Duty to Retreat. People v. Hughes (1951) 107 C