In what circumstances will a court instruct a defendant on a defense of their own crime?

California, United States of America


The following excerpt is from People v. Rodriguez, 53 Cal.App.4th 1250, 62 Cal.Rptr.2d 345 (Cal. App. 1997):

In People v. Barton (1995) 12 Cal.4th 186, 47 Cal.Rptr.2d 569, 906 P.2d 531, the court revisited the scope of a trial court's relatively broad duty to instruct on lesser included offenses, and its somewhat more limited duty to instruct on possible defenses to the crime(s) charged. (Id. at p. 194, 47 Cal.Rptr.2d 569, 906 P.2d 531.) The court discussed People v. Sedeno (1974) 10 Cal.3d 703, 112 Cal.Rptr. 1, 518 P.2d 913, and explained:

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