Justifiable homicide


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Related to Justifiable homicide: Excusable homicide

justifiable homicide

n. a killing without evil or criminal intent, for which there can be no blame, such as self-defense to protect oneself or to protect another, or the shooting by a law enforcement officer in fulfilling his/her duties. This is not to be confused with a crime of passion or claim of diminished capacity which refer to defenses aimed at reducing the penalty or degree of crime. (See: homicide, self-defense)

JUSTIFIABLE HOMICIDE. That which is committed with the intention to kill, or to do a grievous bodily injury, under circumstances which the law holds sufficient to exculpate the person who commits it.
     2. It is justifiable, 1. When a judge or other magistrate acts in obedience to the law. 2. When a ministerial officer acts in obedience to a lawful warrant, issued by a competent tribunal. 3. When a subaltern officer, or soldier, kills in obedience to the lawful commands of his superior. 4. When the party kills in lawful self-defence.
     3.-1. A judge who, in pursuance of his duty, pronounces sentence of death, is not guilty of homicide; for it is evident, that as the law prescribes the punishment of death for certain offences, it must protect those who are entrusted with its execution. A judge, therefore, who pronounces sentence of death, in a legal manner, on a legal indictment, legally brought before him, for a capital offence committed within his jurisdiction, after a lawful trial and conviction, of the defendant, is guilty of no offence.
     4.-2. Magistrates, or other officers entrusted with the preservation of the public peace, are justified in committing homicide, or giving orders which lead to it, if the excesses of a riotous assembly cannot be otherwise be repressed.
     5-2. An officer entrusted with a legal warrant, criminal or civil, and lawfully commanded by a competent tribunal to execute it, will be justified in committing homicide, if, in the course of advancing to discharge his duty, he be brought into such perils that, without doing so, he cannot either save his life, or discharge the duty which he is commanded by the warrant to perform. And when the warrant commands him to put a criminal to death, he is justified in obeying it.
     6.-3. A soldier on duty is justified in committing homicide, in obedience to the command of his officer, unless the command was something plainly unlawful.
     7.-4. A private individual will, in many cases, be justified in committing homicide, while acting in self-defence. See Self-defence. Vide, generally, 1 East, P. C. 219; Hawk. B. 1, c. 28, s. 1, n. 22; Alis. Prin. 126-139; 1 Russ. on Cr. 538; Bac. Ab. Murder, &c., E; 2 Wash. C. C. 515; 4 Mass. 891; 1 Hawk's R. 210; 1 Coxe's R. 424; 5 Yerg. 459; 9 C. & P. 22; S. C. 38 Eng. C. L. R. 20.

References in periodicals archive ?
54) If the fleeing felon is killed, "this will be deemed justifiable homicide.
begin strikethrough]The killing of a human being is justifiable homicide and lawful if necessarily done while resisting ail attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing.
It endorsed the findings of the District Attorney: justifiable homicide.
Police action resulting in her death was ruled justifiable homicide because, according to police reports, she was killed accidentally during an attempt to gain entrance to her apartment by shooting the lock off the door.
Some refuse to even wear animal products; some refuse cows' milk; others will consume fish, believing meat is murder, fish is justifiable homicide.
It is true, as Lowles says, that the inquest brought in verdicts of justifiable homicide.
An inquest would return a verdict of justifiable homicide.
On August 31 an inquest recorded verdicts of justifiable homicide on the deaths of Prendergast and Sutcliffe - to the fury of their families and friends.
murder omor murder omor calificat diminished responsibility iresponsabilitatea self-defense, justifiable homicide legitima aparare life imprisonment inchisoare pe viata provocation provocarea attempted murder tentativa de omor heat of passion alienare mentala
The jury returned a verdict of justifiable homicide - and neither woman ever faced trial, although Cheryl was made a ward of court and sent to an all-girls boarding school.
The court found that the jury had been given incorrect instructions regarding justifiable homicide and self-defense.