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The concept of justifiable homicide in criminal law stands on the dividing line between an excuse, a justification, and an exculpation. In certain circumstances, homicide is justified when it prevents greater harm to innocents. A homicide can only be justified if there is sufficient evidence to prove that it was reasonable to believe that the offending party posed an imminent threat to the life or well-being of another, in self-defense. To rule a justifiable homicide, one must objectively prove to a trier of fact, beyond all reasonable doubt, that the victim intended to commit violence. A homicide in this instance is blameless[1] and distinct from the less stringent criteria authorizing deadly force in stand your ground rulings.
Societies have investigated and punished acts of murder very differently over the development of criminal law. The Laws of Solon, in early Athenian law, stated that if an accused pleaded that he was justified in killing another, his case would be tried in a dedicated court called the Delphinion where, for example, it was considered justifiable homicide to kill an adulterer or burglar caught in the act. In eighteenth century English law, it was considered a justifiable homicide if a husband killed a man "ravishing" his wife (Blackstone, Wm. at p391). The legal term In flagrante delicto (Latin: "in blazing offence") is used to indicate that a criminal has been caught in the act of committing an offence.[2]
In deciding when intentional killings should be treated as justifiable, lawmakers are balancing multiple interests. On the one hand, states usually allow citizens to protect themselves from harm. In 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 is 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 nations' policy allows for some degree of leniency for "self-defense". In most cases where "self-defense" is substantiated through the legal system, reduced charges (i.e. felony reduced to misdemeanor), reduced prison sentences, or acquittal are the common rulings.
Justifiable homicide is a legal gray area, and there is no clear legal standard for a homicide to be considered justifiable. The circumstances under which homicide is justified are usually considered to be that the defendant had no alternative method of self-defense or defense of another than to kill the attacker.[3]
Potentially excusing conditions common to most jurisdictions include the following.
In South Africa, §49 Criminal Procedure Act used to provide:
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 serious crime. A homicide performed out of vengeance, or retribution for action in the past, would not be considered justifiable.
In many states, given a case of self-defense, the defendant is expected to obey a Hawaii, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana,[4] 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). Preemptive self-defense, in which one kills another on suspicion that the victim might eventually become dangerous, is considered criminal.
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".[5]
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:
Although the above text is from Californian law, most jurisdictions have similar laws to prevent escapees from custody.
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