What is the test for a defendant to be found guilty of voluntary manslaughter in a case of imperfect self-defense?
California, United States of America
The following excerpt is from People v. Simon, 1 Cal.5th 98, 204 Cal.Rptr.3d 380, 375 P.3d 1 (Cal. 2016):
way of describing one form of voluntary manslaughter. (Id. at p. 200, 47 Cal.Rptr.2d 569, 906 P.2d 531.) Because imperfect self-defense reduces an intentional, unlawful killing from murder to voluntary manslaughter by negating the element of malice, this form of voluntary manslaughter is considered a lesser and necessarily included offense of murder. (People v. Breverman (1998) 19 Cal.4th 142, 154, 77 Cal.Rptr.2d 870, 960 P.2d 1094.)
A trial court has a sua sponte duty to instruct the jury on a lesser included uncharged offense if there is substantial evidence that would absolve the defendant from guilt of the greater, but not the lesser, offense. (People v. Waidla (2000) 22 Cal.4th 690, 733, 94 Cal.Rptr.2d 396, 996 P.2d 46 (Waidla ).) Substantial evidence
[204 Cal.Rptr.3d 410]
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