Criminal defenses
Part of the common law series
Defenses to crime
Actual innocence
Excuse and exculpation
Defenses that deny the act:
Alibi  · Mistaken identity
Frameup  · Falsified evidence
Automatism
Defenses that negate intent:
Infancy  · Entrapment
Insanity  · Mental disorder
M'Naghten Rules
Diminished responsibility
Mistake of law  · Mistake of fact
Intoxication
Defenses that justify the act:
Self defense  · Consent
Necessity  · Duress
Provocation  · Justifiable homicide
See also Criminal Law
Criminal Procedure
Other areas of the common law
Contract law  · Tort law  · Property law
Wills and trusts  · Evidence

The concept of justifiable homicide in criminal law stands on the dividing line between an excuse and an exculpation. In other words, it takes a case that would otherwise have been a murder or another crime representing intentional killing, and either excuses the individual accused from all criminal liability or treats the accused differently from other intentional killers. Image File history File links SmallLadyJustice. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Actual innocence is the most widely used - yet often the least studied - defense to crime. ... In jurisprudence, an excuse or justification is a form of immunity which must be distinguished from an exculpation. ... Mistaken Identity may refer to albums: Mistaken Identity (Kim Carnes album) Mistaken Identity (Delta Goodrem album) This is a disambiguation page: a list of articles associated with the same title. ... A frameup refers to the act of framing someone, that is, providing false evidence in order to prove someone guilty of a crime. ... Falsified evidence, forged evidence or tainted evidence is used to either convict an innocent person, or to guarantee conviction of a guilty person. ... Automatism is a disassociative state where the individual suffering from it has no control over their actions. ... Defense of infancy is a form of defense by excuse; in which a defendant argues that, at the time a law was broken, they were not criminally liable for their actions, as they had not reached an age of criminal responsibility. ... In jurisprudence, entrapment is a procedural defense by which a defendant may argue that they should not be held criminally liable for actions which broke the law, because they were induced (or entrapped) by the police to commit said acts. ... In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill or mentally incompetent at the time of their allegedly criminal actions. ... In criminal law of commonwealth countries, the defense of mental disorder - sometimes called the defence of mental illness - is a legal defence by excuse, by which a defendant may argue that they should not be held criminally liable for breaking the law, as they were at the time of their... The MNaghten Rules are used to establish insanity as an excuse to potential criminal liability, but the definitional criteria establish insanity in the legal and not the psychological sense. ... In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ... Mistake of law is a defense sometimes raised in criminal cases, although rarely with any success. ... Mistake of law and mistake of fact are two types of defense by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law or liable for damages under a civil law action. ... An intoxication defense, in criminal law, is a defense by excuse, via which a defendant argues that they should not be held criminally liable for actions which broke the law, because they were intoxicated. ... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. ... In criminal law, necessity is a possible excuse for breaking the law. ... Duress (coercion) (as a term of jurisprudence) is a possible defense, via excuse, by which a defendant may argue that they should not be held criminally liable for actions which broke the law. ... In criminal law, provocation is a possible defense by excuse or exculpation alleging a total loss of control as a response to anothers provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (eg. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... In jurisprudence, an excuse or justification is a form of immunity which must be distinguished from an exculpation. ...

Explanation

The normal rule in the criminal law is that those accused of crime should be convicted of an offense only if they have committed the actus reus (the Latin for "guilty act") of an offense, accompanied by the necessary mens rea (the Latin for "guilty mind") element. This reflects the libertarian ideal that a person should only be held legally responsible when he or she has chosen to break the law. Thus, if one person has killed another, intending to do so, the normal consequence would be a conviction for murder. But, for a variety of different public policy reasons, societies over the centuries have considered it morally acceptable and/or merely expedient for one person to kill another and to treat this killing as "justifiable" in a number of different situations. Thus, the Laws of Solon forming part of early Athenian law, provided that if an accused pleaded that they were justified in killing another, their case would be tried in a dedicated court called the Delphinion where, for example, it was considered justifiable homicide to kill an adulterer caught in the act or a burglar caught in the act at night. These exceptions to liability match the modern concepts of provocation and defense of property and reflect the fact that, although the terminology of justification may change over the centuries, the human concepts of jealousy and the rights of ownership remain reasonably consistent as potential excuses. Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... Latin is an ancient Indo-European language originally spoken in the region around Rome called Latium. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... This article is about the classical liberal individualist philosophy that strongly emphasizes private property rights conjoined with civil liberties. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... ... Morality, in the strictest sense of the word, deals with that which is innately regarded as right or wrong. ... Solon Solon (Greek: Σόλων, ca. ... In criminal law, provocation is a possible defense by excuse or exculpation alleging a total loss of control as a response to anothers provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge. ... Jealousy is an emotion experienced by one who perceives that another person is giving something that s/he wants (typically attention, love, or affection) to a third party. ... Ownership is the state or fact of exclusive possession or control of some thing, which may be an object or some kind of property. ...

In deciding when intentional killings should be treated as "justifiable", governments are balancing different sets of interests. On the one hand, states usually accept some form of practical responsibility to protect their citizens from harm. In more modern times, this reflects a social contract where allegiance is rewarded by the provision of policing and other civil defense systems, and the apparatus of redress for injuries suffered through a court system. In the United Nations Universal Declaration of Human Rights, Article 3 states that everyone has the right to life, liberty and security of person, and many constitutions offer protection for "life" which, presumably, even applies to those who have broken the law. Yet, more modern cultures also value and respect individual autonomy, and wish to avoid unduly restricting an individual's freedom of action and refrain from interfering in a citizen's life unless it is absolutely necessary. Where the balance is struck will be reflected in which situations are allowed to become excuses and result in an immunity, and those situation which merely exculpate, i.e. allow special treatment either by reducing the charge to one less serious, or by reducing the sentence. Hence, in eighteenth century English law, it was considered a justifiable homicide if a husband killed a man "ravishing" or raping his wife (Blackstone, Wm. at p391), but modern law treats this as only a circumstance that will mitigate murder to a conviction for manslaughter. In other words, the socialization of modern men is supposed to result in less violent responses to provocations. A state is an organized political community occupying a definite territory, having an organized government, and possessing internal and external sovereignty. ... The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... Social contract - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Allegiance is the duty which a subject or a citizen owes to the state or to the sovereign of the state to which he belongs. ... The old United States Civil Defense logo. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... The United Nations (UN) (in French Organisation des Nations unies) is an international organization that describes itself as a global association of governments facilitating cooperation in international law, international security, economic development, and social equity. ... Wikisource has original text related to this article: Universal Declaration of Human Rights The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948), outlining a view on basic human rights. ... For other uses, see Culture (disambiguation). ... Freedom - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... In a medical sense, immunity is a state of having sufficient biological defenses to avoid infection, disease, or other unwanted biological invasion. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Husband may refer to: the male spouse in a marriage a husband pillow. ... Marriage is a relationship that plays a key role in the definition of many families. ... This Article discusses the learning process called socialization. ...

The potentially excusing conditions common to most jurisdictions

1. Where a state is engaged in a war with a legitimate casus belli, a soldier from one of the combatant states may lawfully kill a soldier in the army of the opposing state so long as that soldier has not surrendered. This principle is embedded in public international law and has been respected by most states around the world. Thus, if there is no formal declaration of war or the casus belli is not legitimate, all those who engage in the fighting and kill combatants could theoretically be prosecuted. Otherwise, protecting the national interest against external aggressors will be considered an excuse on utilitarian grounds, i.e. the greatest public good will be derived from the defeat of the enemy.
2. Where a state operates a system of capital punishment, all those who may be involved are excused from liability. This usually includes the judge who passes sentence, the prison guards who deliver the condemned person to the place of execution and those who carry out the sentence.
3. Many states agree that it may be lawful for a citizen to repel violence with violence to protect his or her own or another's life and limb, or to prevent sexual assault or damage to valuable property. However, there is less agreement on the extent to which it is ever justifiable to kill the attacker. There are usually tests based on the proportionality of the response to the attack. Thus, there may be exculpation if the level of force used in defense matches the force threatened and the "winner" of the conflict first retreated or showed a clear intention not to fight (assuming this was possible in the time available). However, an increasing number of states take the view that murder should not be excused.
4. The idea of a crime of passion in which death results in the "heat of the moment" is now considered a part the defense of "provocation". This recognizes that all individuals may suddenly and unexpectedly lose control when words are spoken or events occur but, again, states differ on the extent to which this should be allowed to excuse liability or merely mitigate to a lesser offense such as manslaughter.
5. There is a strand of authority that potentially permits police or other law enforcement officers to use force to protect others from harm. This is another example of utilitarianism in that it may be necessary to prejudice the few to benefit the many. But, in many states, there is a presumption of innocence before the criminal case comes to trial. If deadly force is used to arrest a suspect, this permanently infringes on the citizen's human rights before a court has found guilt, which would be particularly unfortunate in those states that have abolished the death penalty. In South Africa, s49 Criminal Procedure Act used to provide:

(2) Where the person concerned is to be arrested for an offence referred to in Schedule 1 or is to be arrested on the ground of having committed such an offence, and the person authorised under this Act to arrest or to assist is arresting him cannot arrest him or prevent him from fleeing by other means than killing him, the killing shall be deemed to be justifiable homicide.

This has now been amended by s7 Judicial Matters Second Amendment Act 122 of 1998:

(2) If any arrestor attempts to arrest a suspect and the suspect resists the attempt, or flees, or resists the attempt and flees, when it is clear that an attempt to arrest him or her is being made, and the suspect cannot be arrested without the use of force, the arrestor may, in order to effect the arrest, use such force as may be reasonably necessary and proportional in the circumstances to overcome resistance or to prevent the suspect from fleeing: Provided that the arrestor is justified in terms of this section in using deadly force that is intended or is likely to cause death or grievous bodily harm to a suspect, only if he or she believes on reasonable grounds-

(a) that the force is immediately necessary for the purpose of protecting the arrestor, any person lawfully assisting the arrestor or any other person from imminent or future death or grievous bodily harm;

(b) that there is a substantial risk that the suspect will cause imminent or future death or grievous bodily harm if the arrest is delayed; or

(c) that the offence for which the arrest is sought is in progress and is of a forcible and serious nature and involves the use of life threatening violence or a strong likelihood that it will cause grievous bodily harm.

The only atomic weapons ever used in war - the atomic bombing of Nagasaki, Japan on August 9, 1945, effectively ending World War II. The bombs over Hiroshima (August 6) and Nagasaki immediately killed over 120,000 people. ... Casus belli is a Latin expression from the international law theory of Jus ad bellum. ... International law deals with the relationships between states, or between persons or entities in different states. ... It has been suggested that police action be merged into this article or section. ... Utilitarianism is a suggested theoretical framework for morality, law and politics, based on quantitative maximisation of some definition of utility for society or humanity. ... Capital punishment, also called the death penalty, is the execution of a convicted criminal as a punishment for a crime often called a capital offence or a capital crime. ... A judge or justice is an official who presides over a court. ... A crime of passion, in popular usage, refers to a crime in which the perpetrator commits a crime, specially assault or murder, against a spouse or other loved one due to sudden jealous rage or heartbreak rather than as a premeditated crime. ... Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations. ... Deadly force or shoot to kill is that level of force which is inherently likely to cause death or great bodily injury. ... The Chicago Police Department arrests a man A protester is arrested during a demonstration. ...

United States

A non-criminal homicide, usually committed in self-defense or in defense of another, may be called in some cases in the United States. A homicide may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, or murder. The assailant's intent to commit a serious crime must be clear at the time. A homicide performed out of vengeance, or retribution for action in the past would generally not be considered justifiable, although in some cases such a crime is classed as being justifiable due to the impossibility of finding a jury who would convict under the case's circumstances. Homicide is the killing of another human being by one or more others. ... In the United States, the defense of self-defense allows a person attacked to use reasonable force in their own defense and the defense of others. ... Robbing a merchants house in Japan, around 1860 Heist redirects here. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... To meet Wikipedias quality standards and make it easier to understand, this article or section may require cleanup. ...

In cases of self-defense, the defendant should generally obey a duty to retreat if it is possible to do so (except from one's home or place of business), or it is not justifiable (in the states of Florida and Louisiana, there is no duty to retreat). Pre-emptive self-defense, cases in which one kills another on suspicion that the victim might eventually become dangerous, is considered criminal, no matter how likely it is that they were right. Justifiable homicides are always initially assumed to be criminal until the evidence warrants a change, as justifiable homicide is one of the most common defenses for homicides both justified and criminal. Justifiable homicide is a legal grey area, and there is no real legal standard for a homicide to be considered justifiable. The circumstances under which homicide is justified are usually considered to be that the victim was clearly likely to kill a third person if the defendant did not kill them. In the criminal law, the duty to retreat is a specific component in the defence of self-defence which must be addressed if the defendant is to prove that his conduct was justified. ... Official language(s) English Capital Tallahassee Largest city Jacksonville Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 22nd 170 451 km² 260 km 800 km 17. ... Official language(s) English and French Capital Baton Rouge Largest city New Orleans at last census; probably Baton Rouge since Hurricane Katrina Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 31st 134,382 km² 210 km 610 km 16 29°N to 33°N 89°W to 94°W Population... The law of evidence governs the use of testimony (eg. ...

Two other forms of justifiable homicide are unique to the prison system: the death penalty and preventing prisoners from escaping. To quote the California State Penal Code (state law) that covers justifiable homicide: Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 3rd 410,000 km² 402. ...

196. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either--

1. In obedience to any judgment of a competent Court; or,

2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,

3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.

Although the above text is from Californian law, most jurisdictions have similar laws to prevent escapes from custody.

References

• Blackstone, Wm., Knight. Chase, George, ed. Chase's Blackstone Commentaries on the Laws of England in Four Books. New York: Baker, Voorhis & Co., 1936
• Keebine-Sibanda, Malebo J. & Sibanda, Omphemetse S. "Use of Deadly Force by the South African Police Services Re-visited". [1]