What is "perfect self-defense" and what is the test for this?

California, United States of America


The following excerpt is from People v. Rivas, D070424 (Cal. App. 2017):

4. "[I]mperfect self-defense occurs when a defendant acts in the actual but unreasonable belief that he or she is in imminent danger of great bodily injury or death." (People v. Simon (2016) 1 Cal.5th 98, 132.) "Because imperfect self-defense reduces an intentional, unlawful killing from murder to voluntary manslaughter by negating the element of malice, this form of voluntary manslaughter is considered a lesser and necessarily included offense of murder." (Ibid.)

Other Questions


Is a defendant entitled to a fair trial but not a perfect one? (California, United States of America)
Does the escape rule apply to a murder committed to a perfect escape from lawful custody? (California, United States of America)
What is the test for perfect self-defense/defense of others? (California, United States of America)
What is the test for murder, perfect and imperfect self-defense, and manslaughter? (California, United States of America)
Is a defendant entitled to a fair trial but not a perfect one? (California, United States of America)
Does a jury need to be instructed on "perfect self-defense"? (California, United States of America)
What is the test for a perfect self-defense instruction? (California, United States of America)
What is the test for the perfect self-defense and imperfect self-defence doctrine? (California, United States of America)
What is the test for "perfect self-defense"? (California, United States of America)
Is a defendant entitled to a fair trial but not a perfect one? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.