Imperfect self-defense explained

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: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

• Right of self-defense
• Castle doctrine

Notes and References

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