What is the test for establishing self-defense?

California, United States of America


The following excerpt is from People v. Fairbanks, A152350 (Cal. App. 2019):

Fairbanks is correct, of course, that to establish self-defense the jury was required to determine whether his actions were reasonable. (People v. Humphrey (1996) 13 Cal.4th 1073, 1082.) "[T]he defendant must actually and reasonably believe in the need to defend," in which case the defendant acted without the malice required for murder. (Ibid.) The defendant can establish perfect self-defense if his belief is both sincere and objectively reasonable; imperfect self-defense requires the defendant's belief to be sincere but objectively unreasonable. (Ibid.) A jury must consider what actions would appear necessary " 'to a reasonable person in a similar situation and with similar knowledge.' " (Id. at pp. 1082-1083.)

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