:en:Imperfect self-defense
{{Short description|Common law doctrine}}
{{Use American English|date=November 2020}}
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.{{cite book|title=West's Encyclopedia of American Law, Volume 9|date=1998|publisher=West|isbn=9780314201669|url=https://books.google.com/books?id=j407AQAAIAAJ|accessdate=10 September 2017}} (Self-Defense).
- 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.
- 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".{{cite web|title=State v. Jones, 8 P. 3d 1282, 27 Kan. App. 2d 910 (2000)|url=https://scholar.google.com/scholar_case?case=15201994062332957609|website=Google Scholar|accessdate=10 September 2017}} 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.
A court in Maryland, held that:
{{quote|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).{{cite web|title=State v. Faulkner, 483 A.2d 759, 769, 301 Md. 482 (Md. 1984)|url=https://scholar.google.com/scholar_case?case=17158253875987176431|website=Google Scholar|accessdate=10 September 2017}}
Michigan recognizes imperfect self-defense as a qualified defense that may mitigate second-degree murder to voluntary manslaughter.{{cite web|title=Clemency Manual, Appendix 8: Michigan Standard Jury Instructions|url=http://www.umich.edu/~clemency/clemency_mnl/a8.html|website=Michigan Women's Justice & Clemency Project|publisher=University of Michigan Law School|accessdate=10 September 2017}} 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.{{cite web|title=People v. Deason, 148 Mich. App. 27, 31, 384 N.W.2d 72 (1985)|url=https://scholar.google.com/scholar_case?case=12817597905673513987|website=Google Scholar|accessdate=10 September 2017}}
In the U.S. state of California a defendant can be convicted of manslaughter but not murder when imperfect self-defense is successfully proven.{{cite web|title=People v. Humphrey 13 Cal. 4th 1073, 921 P. 2d 1 (1996)|url=https://scholar.google.com/scholar_case?case=9566017733093582200|website=Google Scholar|accessdate=10 September 2017}}{{cite journal|last1=Grumer|first1=Janet|title=IX. Self-Defense|journal=Loyola Law Review|date=2003|volume=36|page=1575|url=http://digitalcommons.lmu.edu/llr/vol36/iss4/9/|accessdate=10 September 2017}}