CALCRIM No. 509

Peace

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;

AND

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

confinement.]

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/

[or] manslaughter).

New January 2006