Justifiable homicide

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The concept of justifiable homicide in criminal law is a defense to culpable homicide (criminal or negligent homicide). Generally, there is a burden to produce exculpatory evidence in the legal defense of justification.

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In most countries, a homicide is justified when there is sufficient evidence to disprove the alleged criminal act or wrongdoing (under the beyond a reasonable doubt standard for criminal charges, and preponderance of evidence standard for claims of wrongdoing, i.e. civil liability).[ citation needed ] The key to this legal defense is that it was reasonable for the subject to believe that there was an imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent by the deceased, when they committed the homicide.[ citation needed ]

Definition

According to Black's Law Dictionary justifiable homicide applies to the blameless killing of a person, such as in self-defense. [1]

The term "legal intervention" is a classification incorporated into the International Classification of Diseases, Tenth Revision, and does not denote the lawfulness or legality of the circumstances surrounding a death caused by law enforcement. [2] For example, in 2020, legal intervention deaths i.e., deaths caused by law enforcement and other persons with legal authority to use deadly force acting in the line of duty, excluding legal executions, amounted to 1.3% of all 71,000 violence-related deaths in the United States. [2] [ when? ]

Common excusing conditions

Potentially excusing conditions common to multiple jurisdictions include the following.

  1. Capital punishment in places that it is legal.
  2. Where a state is engaged in a war with a legitimate casus belli , a combatant may lawfully kill an enemy combatant so long as that combatant is not hors de combat . This principle is embedded in public international law and has been respected by most states around the world.
  3. In most countries, it is lawful for a citizen to repel violence with violence to protect someone's life or destruction of property. [3]
    • The scope of self-defense varies; some jurisdictions have a duty to retreat rule that disallows this defense if it was safe to flee from potential violence. In some jurisdictions, the castle doctrine allows the use of deadly force in self-defense against an intruder in one's home. Other jurisdictions have stand-your-ground laws that allow use of deadly force in self-defense in a vehicle or in public, without a duty to retreat.
  4. Where the person's death as inflicted by the effecting of lawful arrest or prevention of lawfully detained person's escape, quelling riot or insurrection when the use of force is "no more than absolutely necessary". [3]
  5. The doctrine of necessity allows, for example, a surgeon to separate conjoined twins, killing the weaker twin to allow the stronger twin to survive. This is not recognized, for example, in England and Wales.
  6. Several countries, such as the Netherlands, Belgium, Switzerland, Japan, Canada, and the U.S. states of Oregon and Washington allow both active and passive euthanasia by law, if justified.
  7. The "heat of the moment" defense for crimes of passion: death results from a situation where the defendant is deemed to have lost control. This may be considered a part of the defense of provocation against charges of murder. Based on the idea that all individuals may suddenly and unexpectedly lose control when words are spoken or events occur, jurisdictions differ on whether this should be allowed to excuse liability or merely mitigate to a lesser offense such as manslaughter, and under which circumstances this defense can be used. In many common law jurisdictions, provocation is a partial defense that converts what would have been murder into manslaughter.
  8. A few jurisdictions do not prosecute (Iran, Iraq) or have a lesser penalty (Kuwait, Egypt) for honor killings. [4]

European Convention on Human Rights

Article 2 Paragraph 2 of the European Convention On Human Rights provides that death resulted from defending oneself or others, arresting a suspect or fugitive, or suppressing riots or insurrections, will not contravene the Article when the use of force involved is "no more than absolutely necessary":

2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.

Criminal Procedure Act in South Africa

In South Africa, §49 Criminal Procedure Act of 1977 [5] provided the following before its amendment in 1998:

(2) Where the person concerned is to be arrested for an offense referred to in Schedule 1 or is to be arrested on the ground of having committed such an offense, and the person authorized under this Act to arrest or to assist in 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 §7 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 arrester 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 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.

In the United States

A non-criminal homicide ruling, usually committed in self-defense or in defense of another, exists under United States law. A homicide may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, manslaughter or murder. The victim must reasonably believe, under the totality of the circumstances, that the assailant intended to commit a criminal act that would likely result in the death or life-threatening injury of an innocent person. A homicide performed out of vengeance, or retribution for action in the past, or in pursuit of a "fleeing felon" (except under specific circumstances) would not be considered justifiable.[ citation needed ]

In many states, given a case of self-defense, the defendant is expected to obey a duty to retreat if it is possible to do so. In the states of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, [6] New Jersey, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, West Virginia, Washington, Wyoming and other Castle Doctrine states, there is no duty to retreat in certain situations (depending on the state, this may apply to one's home, business, or vehicle, or to any public place where a person is lawfully present).[ citation needed ] Preemptive self-defense, in which one kills another on suspicion that the victim might eventually become dangerous, is not justifiable.[ citation needed ]

In the U.S. Supreme Court ruling of District of Columbia v. Heller , the majority held that the Constitution protected the right to the possession of firearms for the purpose of self-defense "and to use that arm for traditionally lawful purposes, such as self-defense within the home". [7]

Two other forms of justifiable homicide are unique to the prison system: the death penalty and preventing prisoners from escaping. To quote the California Penal Code (state law) that covers justifiable homicide:[ citation needed ]

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 California law, many other jurisdictions, like Florida, have similar laws to prevent escapes from custody. Examples include self defense, prevention of criminal act, trespassers, and defense of another person.

Notable cases

Related Research Articles

<span class="mw-page-title-main">Assault</span> Physical or verbal attack of another person

An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

<span class="mw-page-title-main">Murder</span> Unlawful killing of a human with malice aforethought

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

<span class="mw-page-title-main">Homicide</span> Killing of a human by another human

Homicide is an act in which a person causes the death of another person. A homicide requires only a volitional act or an omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war, euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system.

The right of self-defense is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including, in certain circumstances, the use of deadly force.

<span class="mw-page-title-main">Deadly force</span> Use of force, likely to cause serious bodily injury or death to another person

Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed.

<span class="mw-page-title-main">Self-defense</span> Countermeasure that involves defending oneself from harm

Self-defense is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions.

A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

<span class="mw-page-title-main">Culpable homicide</span> Categorisation of crimes in the legal systems of Commonwealth countries

Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the homicide either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law.

A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws.

A stand-your-ground law, sometimes called a "line in the sand" or "no duty to retreat" law, provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes. Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present. The exact details vary by jurisdiction.

Self-defence is a defence permitting reasonable force to be used to defend one's self or another. This defence arises both from common law and the Criminal Law Act 1967. Self-defence is a justification defence rather than an excuse.

In the United States, self-defense is an affirmative defense that is used to justify the use of force by one person against another person under specific circumstances.

Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

<span class="mw-page-title-main">Manslaughter</span> Homicide criminal charge less culpable than murder

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief that the actions were necessary to counter an attack. Not all jurisdictions accept imperfect self-defense as a basis to reduce a murder charge.

In the state of Maryland, the right of self-defense is mostly governed by case law, but there is also a statute.

The Penal Law of the State of New York combines justification and necessity into a single article, Article 35. "Defense of Justification" comprises sections 35.05 through 35.30 of the Penal Law. The general provision relating to necessity, section 35.05, provides:

§ 35.05 Justification; generally.

Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when:

<span class="mw-page-title-main">Criminal law of the United States</span>

Criminal law is a system of laws that is connected with crimes and punishments of an individual who commits crimes. In comparison, civil law is where the case argues their issues with one entity to another entity with support of the law. Crimes can vary in definition by jurisdiction but the basis for a crime are fairly consistent regardless.

English law contains homicide offences – those acts involving the death of another person. For a crime to be considered homicide, it must take place after the victim's legally recognised birth, and before their legal death. There is also the usually uncontroversial requirement that the victim be under the "Queen's peace". The death must be causally linked to the actions of the defendant. Since the abolition of the year and a day rule, there is no maximum time period between any act being committed and the victim's death, so long as the former caused the latter.

Use-of-force law in Missouri refers to the law & legal doctrine which determine whether a member of law enforcement in the state of Missouri is justified in the amount of force used to gain control of an unruly situation or person, including situations involving death. In the United States, doctrine about use of force is primarily defined by the individual states, although there have been some Supreme Court decisions of limited scope.

References

  1. Black's Law Dictionary Archived 2013-09-21 at the Wayback Machine : justifiable homicide is the blameless killing of a person, such as in self-defense.
  2. 1 2 Liu, Grace S. (2023). "Surveillance for Violent Deaths — National Violent Death Reporting System, 48 States, the District of Columbia, and Puerto Rico, 2020". MMWR. Surveillance Summaries. 72 (5): 1–38. doi:10.15585/mmwr.ss7205a1. ISSN   1546-0738. PMC   10208308 . PMID   37220104. S2CID   258865008.
  3. 1 2 "European Convention on Human Rights" (PDF). ECHR. Archived (PDF) from the original on 2018-03-17. Article 2 Right to Life
  4. Preliminary Examination of so-called "Honour Killings" in Canada
  5. "Criminal Procedure Act 51 of 1977" (PDF). Justice.gov. 1977. Retrieved September 18, 2023.
  6. Montana Code Annotated 45-3-103 Retrieved 12-Mar-2009 Archived April 3, 2012, at the Wayback Machine
  7. "Archived copy" (PDF). Archived (PDF) from the original on 2013-03-02. Retrieved 2013-02-25.{{cite web}}: CS1 maint: archived copy as title (link) U.S. Supreme Court ruling of District of Columbia v. Heller
  8. "Columbus police officer who shot Ma'Khia Bryant cleared of criminal wrongdoing". The Guardian . Associated Press. March 12, 2022. Retrieved April 10, 2022.
  9. Bronson, Fred (2003). The Billboard Book of Number 1 Hits: The Inside Story Behind Every Number One Single on Billboard's Hot 100 from 1955 to the Present. Billboard Books. p. 30. ISBN   0-8230-7677-6.
  10. J. J. Kearns's autopsy report
  11. "Kill Dillinger here". Chicago Daily Tribune. July 23, 1934. p. 1.
  12. Haas, Jeffrey (2009). The Assassination of Fred Hampton: How the FBI and the Chicago Police Murdered a Black Panther. Chicago Review Press. p. 111. ISBN   9781569763650.
  13. Dolan, Thomas J. (January 22, 1970). "Panther Inquest Backs Police" (PDF). Chicago Sun-Times. Chicago. p. 3. Archived from the original on May 14, 2016. Retrieved October 15, 2015.
  14. Rutberg, Susan (December 6, 2017). "Nothing but a Northern Lynching: The Death of Fred Hampton Revisited". Huffpost. Archived from the original on April 3, 2019. Retrieved October 19, 2019.
  15. Thamm, Natalie (April 7, 2019). "Murder or 'Justifiable Homicide'?: The Death of the Revolutionary Fred Hampton". STMU History Media. Archived from the original on October 20, 2019. Retrieved October 19, 2019.
  16. Archived at Ghostarchive and the Wayback Machine : "Day of the Gun: George Jackson". YouTube .
  17. Norris, Luke (2020-12-31). "Never Forget Don King Killed 2 People (and Spent Less Than 4 Years in Prison) Before Becoming the Biggest Boxing Promoter in the World". Sportscasting | Pure Sports. Retrieved 2023-11-09.
  18. "ESPN Classic - Only in America". www.espn.com. Retrieved 2023-11-09.
  19. Fink, Jenni (March 8, 2022). "No Charges for Biker Who Fatally Shot Woman After She Hit Him With Car". Newsweek . Retrieved November 11, 2022.
  20. Riesz, Megan (9 April 2012). "Did Eadweard J. Muybridge get away with murder?". Christian Science Monitor. Retrieved 16 June 2012.
  21. Crane, Cheryl (August 8, 2001). "Lana Turner's Daughter Tells Her Story". CNN (Interview). Interviewed by Larry King. Archived from the original on July 16, 2012. Retrieved January 20, 2019.

Further reading