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LSDefine

Simple English definitions for legal terms

imperfect defense

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A quick definition of imperfect defense:

Imperfect defense is when a defendant tries to explain why the plaintiff or prosecutor doesn't have a valid case against them. It's not a complete defense, but it might reduce the punishment. For example, if someone is charged with murder, but they claim they were defending themselves, it might be considered an imperfect defense if they used too much force. It's like saying "I didn't do it, but if I did, I had a good reason."

A more thorough explanation:

Imperfect defense is a type of defense used by a defendant in a legal case. It is a defense that fails to meet all legal requirements and usually results in a reduction in grade or sentence rather than an acquittal. For example, if a defendant is charged with murder but claims self-defense, but the force used was unreasonable, the defense would be considered imperfect and the charge may be reduced to manslaughter.

Another example of an imperfect defense is the defense of necessity, where a defendant claims that their actions were necessary to prevent a greater harm, but the harm caused was still illegal. This defense may result in a reduction in sentence or charges, but not a complete acquittal.

Imperfect defense is different from perfect defense, which meets all legal requirements and results in the defendant's acquittal.

imperative theory of law | imperfect duty

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