Imperfect Self-Defense and Involuntary Manslaughter
By: LN on Jul 12, 2012 12:14:56 PM

Imperfect Self-Defense and Involuntary Manslaughter

Imperfect self-defense is a "mitigating circumstance" that "reduce[s] an intentional, unlawful killing from murder to voluntary manslaughter by negating the element of malice that otherwise inheres in such a homicide." (People v. Rios (2000) 23 Cal.4th 450, 461 [97 Cal.Rptr.2d 512, 2 P.3d 1066] [citations omitted, emphasis in original].) However, evidence of imperfect self-defense may support a finding of involuntarymanslaughter, where the evidence demonstrates the absence of (as opposed to the negation of) the elements of malice. (People v. Blakeley (2000) 23 Cal.4th 82, 91 [96 Cal.Rptr.2d 451, 999 P.2d 675] [discussing dissenting opinion of Mosk, J.].) In such a situation, the court should also instruct the jury in involuntary manslaughter.

 

View Comments


Leave Comment
After logging in, you can add comments
Michael Mordechai YadegariReviewsout of 83 reviews