MURDER DEFENSE - IMPERFECT SELF DEFENSE
Imperfect self defense (which only applies if there is actual but unreasonable belief in the need for self defense) reduces a murder to a manslaughter. (Flannel, 25 C3d 668.) But what, exactly has to be unreasonable? The CALCRIM on imperfect self defense for an actual
killing (571) says that imperfect self defense applies if EITHER the defendant unreasonably believed that he was in imminent danger of death or great bodily injury, OR the defendant unreasonably believed that the immediate use of deadly force was necessary. The CALCRIM on imperfect self defense for an attempted killing (604) says that imperfect self defense applies only if BOTH beliefs are unreasonable. The California Court of Appeal rules that if EITHER belief is unreasonable, imperfect self defense applies, to killing or attempted killing.
People v. Her; 2010 DJ DAR 1291; DJ, 1/27/10; C/A 3rd
