A case analysis

The defendant and his wife argued. She raised a knife above her head and stated, “Don’t make me use this.” The defendant took the knife away and thereafter stabbed the victim forty-three times in the head and chest with it. The defendant wants to make an imperfect self-defense argument. Will you accept or reject the case? Read State v. Perez, 840 P.2d 1118 (1992). The case is available at this link: Link (Links to an external site.)

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Sample Answer

I would reject the case. The defendant’s actions were not justified by imperfect self-defense.

In imperfect self-defence, a defendant is not excused from criminal liability, but the defendant’s actions are mitigated because they were committed in a state of fear or panic that was reasonable under the circumstances.

Full Answer Section

In this case, the defendant’s wife raised a knife above her head and said, “Don’t make me use this.” This is a threatening gesture, but it does not necessarily mean that the wife was going to use the knife. The defendant had the option of running away or calling the police. Instead, he took the knife away from his wife and stabbed her 43 times. This was not a reasonable response to the threat that the wife posed.

The case of State v. Perez, 840 P.2d 1118 (1992), is a relevant precedent. In that case, the defendant stabbed his wife 27 times after she threatened him with a knife. The court found that the defendant’s actions were not justified by imperfect self-defence because he had other options available to him, such as running away or calling the police.

In conclusion, I would reject the case because the defendant’s actions were not justified by imperfect self-defence. The defendant had other options available to him, such as running away or calling the police. Instead, he took the knife away from his wife and stabbed her 43 times. This was not a reasonable response to the threat that the wife posed.

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