This preview shows page 1. Sign up to view the full content.
Unformatted text preview: 1) He must be free from fault in brining on the difficulty with his adversary 2) He must reasonably believe ( though he need not correctly believe) both a. His adversary will, unless forcibly prevented, immediately inflict upon him a fatal or serious bodily injury b. That he must use deadly force upon the adversary to prevent him from inflicting such an injury If one who is not his adversary with these two actual and reasonable belief in his mind, his homicide is justified, and he is guilty of no crime. (not murder, not manslaughter, but no crime). Rational: Since the defendant was free from fault in brining on the difficulty with his adversary, he did not believe this fight would be fatal or cause serious bodily injury. Holding: No, the defendant has an imperfect Self-defense claim. This claim if the defense of self defense isnt completed. And can reduce a murder charge not to a no crime but to a manslaughter. Synthesis: Dissent/Concurrences:...
View Full Document
This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.
- Spring '11