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People v. Ceja6/23/1994
364, 373; State v. Vasquez (N.J.Super.A.D. 1993) 265 N.J. Super. 528, 628 A.2d 346, 356.) An actual but unreasonable mistake about the threat of imminent peril, on the other hand, would not support self-defense yet would support imperfect self-defense. The imperfect self-defense doctrine allows for a situation where a reasonable man would not conclude a set of keys held in the victim's hand was a gun, but the jury nonetheless could decide the defendant actually but unreasonably held such a belief.
In one sense, imperfect self-defense is a "lesser included" defense of perfect self-defense. They share common elements--the defendant killed because of an "actual" belief he was in imminent danger of death or great bodily injury. Perfect self-defense, however, requires proof of an additional element--the defendant's belief was reasonable. For this reason, one cannot establish the elements of perfect self-defense without proving imperfect self-defense. For this same reason, if there is sufficient evidence of all the elements required to justify a perfect self-defense instruction, by definition there is sufficient evidence supporting an instruction for the "lesser included" defense of imperfect self-defense.
This is the logic which impelled our Disposition of this issue in People v. De Leon, supra, 10 Cal. App. 4th 815. The Attorney General argues adherence to this court's decision in De Leon requires trial courts to instruct on imperfect self-defense whenever they instruct a jury on self-defense. In this, the Attorney General is correct. In my view, this is what De Leon indeed requires. In criticizing this position, however, the Attorney General claims "such a requirement has never been articulated by any court . . . ." In this assertion the Attorney General is incorrect.
While De Leon is the only California case I have found which clearly states this requirement, our decision does not stand alone in its reasoning. LaFave & Scott state "where this 'imperfect' right of self-defense is recognized, it is generally the case that whenever the facts would entitle the defendant to an instruction on self-defense regarding a murder charge, an instruction on this variety of manslaughter should also be given. [Fns. omitted.]" (Lafave & Scott, supra, Crimes Against the Person 7.11(a), p. 666.)
The first judicial decision my research uncovered implying a necessary tie between instructing on self-defense and manslaughter was decided by the Supreme Court of North Carolina in 1922, over 70 years ago. (State v. Thomas (1922) 184 N.C. 757, 114 S.E. 834.) Since that time, several other states have expressly articulated this requirement. The Supreme Court of Wisconsin has decided " . . . it is inconsistent and reversible error to deny the imperfect self-defense instruction where an instruction is given as to perfect self-defense." (State v. Gomaz (Wis. 1987) 141 Wis. 2d 302, 414 N.W.2d 626, 630.)
The Illinois Supreme Court expresses their requirement as ". . . a self-defense and a voluntary manslaughter instruction should be given when any evidence is presented showing the defendant's subjective belief that use of force was necessary. If the subjective belief is reasonable, the result is justifiable use of force; if the subjective belief is unreasonable, the result is voluntary manslaughter. [Citations.] The determination of whether the defendant's subjective belief is reasonable is for the jury to make." (People v. Lockett (1980) 82 Ill. 2d 546, 413 N.E.2d 378, 381, 45 Ill. Dec. 900.)
The Maryland Court of Special Appeals also has addressed the issue, stating, "it is difficult to envision circumstances which are sufficient to generate th
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