What is the test for a jury instruction in self-defense?

California, United States of America


The following excerpt is from People v. Videl, D073238 (Cal. App. 2018):

Upon request, a defendant is entitled to a jury instruction for which there is substantial evidence. (People v. Miceli (2002) 104 Cal.App.4th 256, 267.) We review this claim independently. (People v. Alvarez (1996) 14 Cal.4th 155, 218.)

Self-defense requires (1) an actual and reasonable belief of imminent danger of being killed or of serious bodily injury; (2) a reasonable belief that the immediate use of force is necessary to defend one's self; and (3) a showing that no more force than was reasonably necessary was used to protect against danger. (People v. Romero (1999) 69 Cal.App.4th 846, 853.) For imperfect self-defense, there must be evidence allowing the jury to reasonably conclude the defendant acted under an unreasonable but good faith belief that he needed to act in self-defense. (People v. Rogers (2006) 39 Cal.4th 826, 882-883.)

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