Description

Justifiable homicide defines the certain situations in which a person can take another's life.


Situation: one person has killed another

 

Consequences: the person is absolved of criminal liability

 

There is some variation between state laws but this may include:

(1) self-defense when the person is threatened with death or great bodily harm

(2) public safety officers in prevention of a violent or forcible felony when it is absolutely necessary and there is no suitable a non-lethal means of prevention

(3) some carrying out the execution of a criminal sentenced to death by a court

(4) soldier during combat

 

There may be caveats specified:

(1) for self-defense the person should not have provoked or incited the victim

(2) for self-defense during a burglary or home invasion the need to escape if possible

(3) the need to avoid unnecessary and excessive force in response to a threat

(4) soldiers in combat need to abide by the Geneva Convention

 

Justifiable homicide needs to be distinguished from:

(1) manslaughter

(2) reduced culpability due to heat of passion or diminished capacity


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