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 ?
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.
Hungerford leaves four ex-wives and a fifth who has pleaded justifiable homicide, together with an ante-post voucher for Fame And Glory in the Arc.
The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an 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.
The Feminist Majority Foundation denounced the ruling, saying Wilbert essentially was allowing a justifiable homicide defense.
she is deemed to have committed justifiable homicide via self-defense
87) Yet judges also occasionally acknowledged the relevance of past-abuse evidence to justifiable homicide in nonconfrontational situations, indicating a willingness to expand the time frame to consider events that occurred prior to the lethal incident.
Sheriff Robert Lambert, Joan's uncle is Drake's brother, and has no more information to add to the report, however he does state that everything points to justifiable homicide, Joan has been informed minimum age for execution in Missouri is fourteen, Joan will become a ward of the state and an attorney has not been retained.
Richard "Stretch" Kennedy for not being "good on guns]' (Kennedy's anger, it turns out, is focused on Ayotte's opposition to a bill that would have considered the use of deadly force in protecting property, at any time, justifiable homicide.
Analyzing the biographies of some 600 violent criminals, Stone (clinical psychiatry, Columbia College of Physicians and Surgeons) has constructed a 22-level "gradations of evil" scale running from justifiable homicide to psychopathic torture-murder with torture as the primary motivation.
An audience member asked, "Is there a justifiable homicide, or are we wired that we have crossed the line and can't go back?
His last investigation was the day before Christmas 2006, when a man beating his live-in girlfriend was fatally stabbed by the woman's 17-year-old son -- a case ruled a justifiable homicide.