California, United States of America
The following excerpt is from People v. Wildman, 2d Crim. No. B254560 (Cal. App. 2015):
Like other courts considering the issue, we reject appellant's interpretation of section 198. Section 198 requires that a person who kills in self-defense do so because that person reasonably believes himself or herself to be in imminent danger of death or great bodily injury. (See, e.g., People v. Flannel (1979) 25 Cal3d 668, 675.) "The party killing is not precluded from feeling anger or other emotions save and except fear;
Page 15
however, those other emotions cannot be causal factors in his decision to use deadly force. If they are, the homicide cannot be justified on a theory of self-defense. But if the only causation of the killing was the reasonable fear that there was imminent danger of death or great bodily injury, then the use of deadly force in self-defense is proper, regardless of what other emotions the party who kills may have been feeling but not acting upon." (People v. Trevino (1988) 200 Cal.App.3d 874, 879; see also People v. Shade (1986) 185 Cal.App.3d 711, 716.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.