Justifiable Homicide
Justifiable homicide is a concept in criminal law that serves as a defense to culpable homicide, which includes criminal or negligent homicide. This defense is applicable when there is sufficient evidence to disprove the alleged criminal act or wrongdoing. The key to this legal defense is that it was reasonable for the subject to believe that there was an imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent by the deceased when they committed the homicide.
According to Black’s Law Dictionary, justifiable homicide applies to the blameless killing of a person, such as in self-defense. It is considered reasonable or understandable given the circumstances. Justifiable homicide can also be raised as a defense by private citizens in certain criminal actions. For example, if a homeowner shoots a trespasser who has come into his home, this may be considered justifiable.
Justifiable homicides are “no fault” homicides. They ordinarily involve the death of someone under circumstances of necessity or duty (commanded or authorized by law). They are characterized by a lack of criminal intent and the person found to have committed a justifiable homicide is freed.
In most countries, a homicide is justified when there is sufficient evidence to disprove the alleged criminal act or wrongdoing. The burden of proof lies in producing exculpatory evidence in the legal defense of justification. The standards for criminal charges are beyond a reasonable doubt, and for claims of wrongdoing (i.e., civil liability), it’s the preponderance of evidence.
In the context of Canadian law, the distinctions between justifiable, accidental, and culpable homicide are made. A death is deemed a culpable homicide, generally, if there is blame to be assigned.
The concept of justifiable homicide is not limited to self-defense but extends to the protection of others and the prevention of serious crimes. A homicide may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, manslaughter, or murder.
In conclusion, justifiable homicide is a complex legal concept that varies by jurisdiction. It is a defense used in situations where the person committing the homicide believed they were facing an imminent threat to their life or the life of another. Understanding this concept requires a nuanced understanding of the law and the specific circumstances surrounding each case.
