{"id":13248,"date":"2018-02-07T21:52:17","date_gmt":"2018-02-07T21:52:17","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13248"},"modified":"2018-02-27T05:19:51","modified_gmt":"2018-02-27T05:19:51","slug":"justifiable-homicide-the-killing-of-another-person-in-self-defense-or-to-defend-ones-home-or","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13248","title":{"rendered":"Justifiable Homicide – the killing of another person in self-defense, to prevent a crime or a criminal\u2019s escape, or as execution for a capital crime"},"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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justifiable homicide<\/span> –<\/strong> (18c) 1. The killing of another in self-defense when faced with the danger of death or serious bodily injury.<\/strong> \u2014 aka excusable homicide<\/strong><\/em><\/span>.
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2. A killing mandated or permitted by the law, such as execution for a capital crime or killing to prevent a crime or a criminal\u2019s <\/strong>escape. <\/strong>[1]<\/span><\/p>\n

1. <\/strong>A homicide committed in self-defense or intentionally in carrying out a legal duty as, for EXAMPLE, a police officer who kills an armed robber during the course of a robbery.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from J.W. Cecil Turner’s Kenny\u2019s Outlines <\/em>of Criminal Law<\/em><\/a> (16th ed. 1952):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cIt should be noted that a justifiable homicide is not criminal, since it is a killing which the law has either commanded or permitted: the actus<\/em> in such a case is not legally punishable, and therefore we may perhaps say that it is an actus<\/em> of killing which is not reus<\/em>.\u00a0 As we shall see in most cases of justifiable homicide, the killing is intentional, and therefore the mental element of criminal responsibility is clearly present: but there is no crime committed since there is no actus reus<\/em>.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Except from H.L.A. Hart’s \u201cProlegomenon to the Principles of Punishment,\u201d in Punishment and Responsibility<\/em><\/a> (1968):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cEnglish lawyers once distinguished between \u2018excusable\u2019 homicide (e.g. accidental non-negligent killing) and \u2018justifiable\u2019 homicide (e.g. killing in self-defence or in the arrest of a felon) and different legal consequences once attached to these two forms of homicide.\u00a0 To the modern lawyer this distinction has no longer any legal importance: he would simply consider both kinds of homicide to be cases where some element, negative or positive, required in the full definition of criminal homicide (murder or manslaughter) was lacking. But the distinction between these two different ways in which actions may fail to constitute a criminal offence is still of great moral importance.\u00a0 Killing in self-defence is an exception to a general rule making killing punishable; it is admitted because the policy or aims which in general justify the punishment of killing (e.g. protection of human life) do not include cases such as this. In the case of \u2018justification\u2019 what is done is regarded as something which the law does not condemn, or even welcomes.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

Terms pertaining to
\nAssessing Whether or Not
\n<\/em>a Homicide is Justifiable:<\/span><\/span><\/strong><\/p>\n

homicide se defendendo<\/span><\/em> – The killing of a human being in self-defense. <\/strong>[2]\u00a0<\/span><\/p>\n

Rules of Self-Defense<\/span><\/a> – justifiable or unjustifiable?
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