Also known as: homicidium ex iustitia · justifiable homicide · execution
Written by attorneys · grounded in primary & secondary sources — see below
A category of homicide at common law consisting of killings that the law expressly commanded or authorized.
A state court sentences Harold Hunt to death after a capital murder conviction. The warden carries out the execution by lethal injection pursuant to the judgment. Because the killing was commanded by a valid judicial sentence, it qualifies as homicidium ex justitia and creates no criminal liability for the warden or the state.
Federal agents attempt to seize assets from Heritage Trust after a valid tax judgment. When the trust's armed guard draws a weapon, an agent shoots and kills the guard. The cited constitutional taxing power does not address or authorize any use of deadly force.
Select any source to read its text and confirm it supports the definition.
Congress charters a national bank under its enumerated powers. When state officers attempt to close the bank by force, federal marshals kill one of the officers in the ensuing clash. The cited case on the Necessary and Proper Clause does not address or authorize any use of deadly force.
A testator's will devises property to a trustee who is directed to liquidate assets and pay creditors. When a beneficiary resists with deadly force, the trustee kills the beneficiary in self-defense while executing the court-approved distribution. Self-defense is excusable homicide, not a killing expressly commanded by the cited probate statute.
A court orders the sheriff to execute a deed transferring Highland Farms after foreclosure. When the former owner draws a gun to stop the transfer, the sheriff shoots and kills the owner. The cited property rule on deed execution does not address or authorize any use of deadly force.
A judge orders a party to sign a release surrendering a disputed contract claim in exchange for settlement funds. When the opposing party threatens violence to prevent execution of the release, a court officer kills the threatener. The cited contracts rule on consideration does not address or authorize any use of deadly force.
It is the category of killings that the law expressly commands or authorizes, such as executions carried out pursuant to a valid judicial sentence. The other two common-law categories are excusable homicide, which involves a recognized defense that eliminates liability, and criminal homicide, which covers all remaining unlawful killings.
Supporting sources
No. The killing must be expressly commanded or authorized by law. An officer who uses excessive force beyond what the law permits commits criminal homicide rather than justifiable homicide under this category.
Modern statutes largely preserve the distinction by treating killings authorized by law as justifiable and therefore non-criminal. The classification determines whether the actor faces prosecution or instead receives complete exoneration.
…the instrument. A Constitution cannot contain an accurate detail of all the means by which its great powers may be carried into execution. Its nature requires that its great outlines be marked and its important objects designated; minor ingredients must be deduced from the nature of the objects. The framers intended a…