IRVINE, Calif. (March 31, 2025) — An article on self-defense by University of California, Irvine School of Law Chancellor’s Professor of Law Kenneth W. Simons titled, “Duty to Compensate, in Law and Morality,” 55 San Diego L. Rev. 357 (2018), was cited and analyzed in the recent Indiana Supreme Court decision, Turner v. State, 2025 WL 782331 (March 12, 2025), appearing on page 16 of the opinion.
The case involved a defendant who fired at an approaching vehicle, believing — albeit unreasonably — that he was under imminent threat. The trial court convicted him, ruling his belief was not objectively reasonable. However, it also found that, in hindsight, his perception was actually correct — the driver had intended to kill him. The Indiana Supreme Court agreed with Professor Simons’ argument that self-defense can still apply when a defendant acts with a defensive purpose, even if their belief in the threat is deemed unreasonable, as long as the threat ultimately turns out to be real. The decision reinforces the importance of subjective motivation in legal justifications for the use of force.
Professor Simons is a leading scholar of tort law, criminal law, and law and philosophy. He co-directs UC Irvine Law’s Center for Legal Philosophy and has been the Chief Reporter for the American Law Institute’s Restatement Third of Torts: Intentional Torts to Persons since 2014. A former law clerk to U.S. Supreme Court Justice Thurgood Marshall, he has published widely on issues of consent, mental states in criminal and tort law, and the moral foundations of negligence.
About the University of California, Irvine School of Law
The University of California, Irvine School of Law is a visionary law school that provides an innovative and comprehensive curriculum, prioritizes public service, and demonstrates a commitment to equity within the legal profession. At UC Irvine Law, we are driven to improve our local, national, and global communities by grappling with important issues as scholars, as practitioners, and as teachers who are preparing the next generation of leaders. The collaborative and interdisciplinary community at UC Irvine Law includes extraordinary students, world-renowned faculty, dedicated staff, engaged alumni, and enthusiastic supporters. Connect with us on Bluesky, Instagram, LinkedIn, Facebook, Threads, and sign up for our monthly newsletter for the latest news and events at UC Irvine School of Law.