Imperfect self-defense

Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief that the actions were necessary to counter an attack. Not all jurisdictions accept imperfect self-defense as a basis to reduce a murder charge.[1]

  • Self-defense: A perfect argument of self-defense proves all elements of self-defense, and results in the defendant's acquittal. If a defendant proves imperfect self-defense, the defendant will be convicted of a lesser homicide charge, such as voluntary manslaughter.[1]
  • Imperfect self-defense: The concept of imperfect self-defense is that, although not all elements of self-defense were proved, extenuating circumstances nonetheless partially excuse the act that caused death.

Examples

The doctrine of imperfect self-defense has been defined as "an intentional killing committed with an unreasonable but honest belief that circumstances justified deadly force".[2] Thus, if a person had a good faith belief that deadly force was necessary to repel an attack, but the person's belief was unreasonable, that person would be able to raise imperfect self-defense as a defense to a murder charge.[1]

A court in Maryland, held that:

When evidence is presented showing the defendant’s subjective belief that the use of force was necessary to prevent imminent death or serious bodily harm, the defendant is entitled to a proper instruction on imperfect self defense....The theory underlying the doctrine is that when a defendant uses deadly force with an honest but unreasonable belief that it is necessary to defend himself, the element of malice, necessary for a murder conviction, is lacking.

State v. Faulkner, 483 A.2d 759, 769 (Md. 1984).[3]

Michigan recognizes imperfect self-defense as a qualified defense that may mitigate second-degree murder to voluntary manslaughter.[4] However, the doctrine can only be used where the defendant would have had a right to self-defense but for the fact that the defendant was the initial aggressor.[5]

In the U.S. state of California a defendant can be convicted of manslaughter but not murder when imperfect self-defense is successfully proven.[6][7]

See also

References
  1. West's Encyclopedia of American Law, Volume 9. West. 1998. ISBN 9780314201669. Retrieved 10 September 2017. (Self-Defense).
  2. "State v. Jones, 8 P. 3d 1282, 27 Kan. App. 2d 910 (2000)". Google Scholar. Retrieved 10 September 2017.
  3. "State v. Faulkner, 483 A.2d 759, 769, 301 Md. 482 (Md. 1984)". Google Scholar. Retrieved 10 September 2017.
  4. "Clemency Manual, Appendix 8: Michigan Standard Jury Instructions". Michigan Women's Justice & Clemency Project. University of Michigan Law School. Retrieved 10 September 2017.
  5. "People v. Deason, 148 Mich. App. 27, 31, 384 N.W.2d 72 (1985)". Google Scholar. Retrieved 10 September 2017.
  6. "People v. Humphrey 13 Cal. 4th 1073, 921 P. 2d 1 (1996)". Google Scholar. Retrieved 10 September 2017.
  7. Grumer, Janet (2003). "IX. Self-Defense". Loyola Law Review. 36: 1575. Retrieved 10 September 2017.
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