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.)
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.