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Unreasonable minds and imperfect self-defense.

Steven K Erickson1

  • 1Independent Practice, York, PA, United States of America.

International Journal of Law and Psychiatry
|April 25, 2022
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The legal right to self-defense requires an honest and reasonable belief. Current law unfairly excludes defenses based on mental illness, contradicting scientific understanding and principles of justice.

Keywords:
Criminal lawPublic policySchizophreniaSelf-defense

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Area of Science:

  • Law and Psychiatry
  • Criminal Law Theory

Background:

  • Western legal systems recognize self-defense, requiring an honest and reasonable belief in the circumstances.
  • Imperfect self-defense allows reduced culpability for honest but unreasonable beliefs.
  • Current US law disallows self-defense claims if the unreasonable belief stems from mental illness.

Purpose of the Study:

  • To analyze the legal precedent disallowing self-defense claims based on mental illness.
  • To critique the incoherence of this precedent with criminal responsibility principles.
  • To advocate for legal reform aligning with scientific understanding of mental disorders.

Main Methods:

  • Legal analysis of self-defense doctrines and imperfect self-defense.
  • Examination of case law and statutory interpretations in the US.
  • Review of scientific literature on mental illness and false beliefs.

Main Results:

  • The exclusion of mental illness-based beliefs from self-defense is legally untenable.
  • This exclusion rests on flawed assumptions about psychotic disorders.
  • The current precedent conflicts with established principles of criminal responsibility.

Conclusions:

  • The legal system's treatment of mental illness in self-defense cases is inconsistent and unjust.
  • Reforming the law to include honest, albeit unreasonable, beliefs stemming from mental illness is necessary.
  • Alignment with scientific understanding is crucial for equitable legal outcomes.