Also known as: se defendendo · justifiable homicide · self-defense homicide
Written by attorneys · grounded in primary & secondary sources — see 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.
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Justifiable 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…