Also known as: excusable homicides
Written by attorneys · grounded in primary & secondary sources — see below
A category of homicide at common law consisting of killings for which the law recognizes a complete defense that eliminates criminal liability.
Emanuel Escobar drove a city bus when a passenger refused to pay and pulled a knife. Emanuel grappled with the passenger to protect other riders and disarmed him. During the struggle the passenger fell under the wheels and died. Because Emanuel acted under a complete defense of self and others the killing is excusable homicide rather than criminal.
Ethan Evans attended a parent-teacher conference when the parent cornered the principal and raised a chair overhead. Ethan shoved the parent to protect the principal and nearby students. The parent fell through a glass door and died from the resulting injuries. The shove rested on the recognized defense of others so the death is excusable homicide.
Select any source to read its text and confirm it supports the definition.
Excusable homicide applies when a recognized defense such as self-defense or defense of others eliminates criminal liability for an otherwise unlawful killing. Justifiable homicide applies only when the law expressly commands or authorizes the killing itself such as an execution or an officer acting under lawful authority.
Supporting sources
Yes. When the actor engages in a lawful defensive act and an unintended death results the killing falls into the excusable category because the complete defense removes criminal liability.
Supporting sources
No. At common law deadly force is not authorized solely to protect property once any immediate threat to personal safety has ended so the resulting killing remains criminal homicide.
Supporting sources
The killing is justifiable homicide because the officer acted within express legal authority rather than under a mere defense that excuses liability.
Supporting sources
…principles to homicide prosecution, and the "will-of-the-wisp" distinction drawn by the Almeida court between justifiable and excusable homicides. 261 A.2d at 553-558 . It concluded, "beyond a shadow of a doubt Almeida and Thomas [ Commonwealth v. Thomas , 382 Pa. 639, 117 A.2d 204] constituted iberrations [sic] in the…