Also known as: se defendendo · justifiable homicide · self-defense homicide
Written by attorneys — see sources below.
An excusable homicide at common law arising when a person uses force in self-defense or defense of others and thereby causes death. The classification removes criminal liability because the law recognizes the defensive conduct as a complete excuse even though the killing would otherwise be unlawful.
During a parent-teacher meeting, parent Brian cornered the school principal and raised a metal chair overhead while shouting threats. Teacher Harold Hunt shoved Brian to protect the principal. Brian fell through a glass door and died from lacerations. The common-law classification treats the killing as excusable because Harold acted to neutralize an apparent imminent threat to a third party.
Flight engineer Hope Howard saw a ground crew member Hyun Han advancing with a raised wrench toward a coworker. Hope tackled Hyun to stop the attack. Hyun struck his head and died. The common-law classification treats the killing as excusable homicide se defendendo because Hope used force to protect another from imminent unlawful attack.
This was a writ of error to a judgment of the Circuit Court of the United States for the Western District of Arkansas sentencing the plaintiff in error to death for the murder of Philip Henson, a white man, in the Cherokee Nation of the Indian Territory. The defendant was tried and convicted in 1893, and upon such conviction being set aside by this court, 150 U. S. 551, was again tried and convicted in 1894. The case was again reversed, 157 U. S. 675, when Allen was tried for the third time and convicted, and this writ of error was sued out. The facts are so fully set forth in the previous reports of the case that it is unnecessary to repeat them here. We are somewhat embarrassed in the consideration of this case by the voluminousness of the charge, and of the exceptions taken thereto, as well as by the absence of a brief on the part of the plaintiff in error.
View caseJustifiable homicide occurs when the law expressly commands or authorizes the killing. Homicide se defendendo falls into the separate excusable category because a recognized defense such as self-defense or defense of others eliminates criminal liability even though the act was not affirmatively commanded by law.
Supporting sources
The actor must have used force in the reasonable belief that it was immediately necessary to protect self or others from unlawful attack. Once the threat ends, continued force that causes death removes the excuse and places the homicide in the criminal category.
Supporting sources
No. An internal protocol supplies neither the legal command required for justifiable homicide nor a recognized common-law defense that excuses liability. The killing therefore remains criminal homicide unless an independent defense such as necessity or self-defense is established on the facts.
Supporting sources
…instruction proposed by her; and (2) the court erred in its comments to the jury on the evidence. The defendant’s defense was justifiable homicide. On that issue the court instructed the jury as follows: 1. “Homicide is justifiable and not unlawful when committed by any person when resisting any attempt to murder any person, or to…