{"id":13247,"date":"2018-02-07T21:41:48","date_gmt":"2018-02-07T21:41:48","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13247"},"modified":"2018-02-07T22:29:12","modified_gmt":"2018-02-07T22:29:12","slug":"excusable-homicide","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13247","title":{"rendered":"Excusable Homicide – homicide by accident or self-defense"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help<\/a> >>>> Various Crimes and Corresponding Laws<\/a> >>>> Various Forms of Homicide<\/a> >>>> Forms of Noncriminal Homicide<\/a>:<\/span>
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excusable homicide<\/span>:<\/span>
\n<\/strong>(18c)<\/span><\/p>\n

1. Homicide resulting from a person\u2019s lawful act, committed without intention to harm another. <\/strong><\/span><\/p>\n

2<\/strong>\u00a0 The killing of another in self-defense when faced with the danger of death or serious bodily injury.\u00a0<\/strong>\u2014 aka justifiable homicide<\/em><\/a>.<\/strong> [1]<\/span><\/p>\n

1. A homicide committed in the course of performing a lawful act, without any intention to hurt (for EXAMPLE, by accident) or committed in self-defense. <\/strong>[3]<\/span><\/p>\n

homicide by misadventure<\/span> –<\/strong> (17c) Homicide resulting form a lawful act performed in a lawful manner under a reasonable belief that no harm could occur.<\/strong> \u2013 aka death by misadventure<\/strong><\/em><\/span>; accidental killing<\/strong><\/em><\/span>; killing by misadventure<\/strong><\/em><\/span>; homicide per infortunium<\/strong><\/em><\/span>.<\/span>
\n \u00a0\u00a0\u00a0\u00a0 See involuntary manslaughter<\/em>. [1]\u00a0<\/span><\/p>\n

1. An accidental killing of a human being. 26 Am J1st Homi \u00a7 220<\/span>.\u00a0 <\/strong><\/span><\/p>\n

A killing by pure accident, that is, where a man, doing a lawful act, without any intention of hurt, unfortunately kills another; as where a man is at work with <\/strong>a hatchet, and the head of it flies off and kills a by-stander.\u00a0<\/strong> See 4 Bl Comm 182<\/strong><\/span>. \u2014 aka homicide per infortunium<\/strong><\/em><\/span>. [2]<\/span><\/p>\n

1. A killing by pure accident, without any intention to harm, while doing a lawful act.\u00a0 EXAMPLE: while Thomas is chopping wood, the head flies off his axe and fatally injures a bystander. <\/strong>[3]<\/span><\/p>\n

homicidium ex casu<\/span> – Homicide by accident.<\/strong><\/span><\/p>\n

homicide per infortunium<\/span> –<\/strong> [Latin \u201chomicide by misfortune\u201d] (1856) The unintentional killing of another while engaged in a lawful act; ACCIDENTAL KILLING.<\/strong> [1]<\/span><\/p>\n

per infortunium<\/span> –\u00a0<\/strong> adj<\/em>. or adv<\/em>. [Latin] (17c) By misadventure.\u00a0 *\u00a0 At common law, when one person killed another per infortunium, a conviction and royal pardon were necessary even when there was no fault.\u00a0<\/strong>
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\u00a0\u00a0\u00a0 Excerpt from\u00a0J.W. Cecil Turner’s Kenny\u2019s Outlines of Criminal Law<\/em><\/a> (16th ed. 1952):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cIt may seem strange to modern minds that for centuries it was a rule of our law that a man who killed another either by misadventure (per infortunium) or in reasonable self defence (against an attack not itself felonious), although he did not commit a felony, must yet be held guilty of unlawful homicide and require the King\u2019s pardon if he were to escape punishment, and even if granted pardon would still be liable to suffer forfeiture of his property; and that he was exposed to claims for compensation from the family <\/span>of the deceased.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

[4]: J.W. Cecil Turner, Kenny\u2019s Outlines of Criminal Law<\/em><\/a> 113 (16th ed. 1952).<\/span><\/strong><\/p>\n

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