What is the test for reasonable self-defense in the context of a homicide case?

California, United States of America


The following excerpt is from People v. Ward, B251294 (Cal. App. 2015):

4. In the context of homicide crimes, self-defense may be available even where a defendant acts unreasonably. "Self-defense, when based on a reasonable belief that killing is necessary to avert an imminent threat of death or great bodily injury, is a complete justification, and such a killing is not a crime. [Citations.] A killing committed when that belief is unreasonable is not justifiable. Nevertheless, 'one who holds an honest but unreasonable belief in the necessity to defend against imminent peril to life or great bodily injury does not harbor malice and commits no greater offense than manslaughter.' [Citation.]" (People v. Elmore (2014) 59 Cal.4th 121, 134.) "Unreasonable self-defense is 'not a true defense; rather, it is a shorthand description of one form of voluntary manslaughter.' [Citation.] Whenever there is substantial evidence that the defendant killed in unreasonable self-defense, the trial court must instruct on this theory of manslaughter. [Citation.]." (Ibid.) Defendant does not contend that he acted in unreasonable self-defense or that the trial court should have instructed the jury on attempted voluntary manslaughter. We accordingly do not consider the impact, if any, of the absence of these instructions. (See People v. Grimes (2015) 60 Cal.4th 729, 757-758.)

Other Questions


Is there any case law or case law that supports the argument that a prosecution case is reasonable in its entirety? (California, United States of America)
Is there a distinction between a homicidal assault case and a non-homicidal assault case? (California, United States of America)
Does the defense meet the reasonable diligence and reasonable diligence requirements of a jury in a civil case? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
Is there any case law where an evidentiary privilege has been applied in the context of a medical malpractice case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
How have courts interpreted the rule of reasonableness in the context of the reasonable use doctrine? (California, United States of America)
What is the relevant case law in the context of sexual assault cases? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.