Also known as: justifiable homicides · justified homicide
Written by attorneys · grounded in primary & secondary sources — see below
A classification of homicide at common law encompassing killings that the law expressly commands or authorizes. Such killings fall outside the categories of excusable homicide and criminal homicide.
Julia Jensen operated a convenience store when an armed man entered and demanded money from customers at gunpoint. Jensen drew her licensed firearm and fired at the robber during the struggle, killing him. The resulting death receives classification as justifiable homicide because the law expressly authorizes the use of deadly force to resist a violent felony.
Jada Jones, a sheriff's deputy, received orders to disperse a violent crowd throwing objects at a courthouse. Jones fired a warning shot that struck and killed one rioter. The death is classified as justifiable homicide because Jones acted under lawful public authority to restore order.
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Jillian James awoke to find an intruder climbing through her bedroom window while brandishing a knife. James shot and killed the intruder. The killing receives classification as justifiable homicide because the law authorizes deadly force when a person reasonably believes it necessary to prevent imminent death or serious injury.
Justifiable homicide covers killings the law expressly commands or authorizes, such as an officer acting under lawful authority or a person using deadly force to resist a violent felony. Excusable homicide covers killings for which the law recognizes a defense that eliminates criminal liability, such as certain accidents or imperfect self-defense.
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Yes. When an officer acts under department protocols to disperse a riot and employs authorized force against an active threat, the resulting killing falls within the category of killings the law expressly authorizes.
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No. Justifiable homicide requires express legal authorization, and defense of property alone rarely justifies the use of deadly force. A killing to prevent theft of tools, without any threat of death or serious bodily harm, falls outside the justifiable category.
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An honest but unreasonable belief does not produce justifiable homicide. The killing remains unlawful and intentional, though the belief may mitigate murder to voluntary manslaughter under imperfect self-defense doctrines recognized in some jurisdictions.
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…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…