Everything about Imperfect Self-defense totally explained
Imperfect self-defense is a
common law doctrine of
criminal procedure 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.
Effect
» :
—Answers.com
It may also be used to make a
plea bargain to a
lesser included offense.
Examples in common law
For example, in the U.S. state of
California a defendant can be convicted of
manslaughter but not
murder when imperfect self-defense applies.
The doctrine of imperfect self-defense recognizes a defendant’s honest but
unreasonable belief that deadly force is necessary. An appellate court in
Kansas held that "Imperfect self defense is an intentional killing committed with an unreasonable but honest belief that circumstances justified deadly force."
Another court, in
Maryland, held that:
» :
—State v. Faulkner, 483 A.2d 759,769 (Md. 1984)
Michigan also recognizes imperfect self-defense as a qualified defense that can mitigate second-degree murder to voluntary manslaughter. 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.
Further Information
Get more info on 'Imperfect Self-defense'.
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