Also known as: justifiable homicide · justified homicide
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.
Justin Jarvis, a sheriff, receives a valid court order to carry out a capital sentence on a convicted murderer. He performs the execution precisely as directed by the warrant. Because the law expressly commanded the killing, the act falls into the category of justifiable homicide rather than excusable or criminal homicide.
Jacob Jennings, an infantry soldier under lawful military command during declared hostilities, shoots and kills an enemy combatant who is advancing on his unit. The order to engage the enemy was issued by a superior officer acting within his authority. The killing therefore qualifies as justifiable homicide because it was expressly authorized by law.
Select any source to read its text and confirm it supports the definition.
Justifiable homicide covers killings the law expressly commanded or authorized. Excusable homicide covers killings for which the law recognizes a defense that eliminates criminal liability. Criminal homicide is the residual category of all other unlawful killings.
Supporting sources
No. An internal corporate guideline lacks the force of law required for classification as justifiable homicide. The killing remains criminal homicide unless a recognized defense such as necessity excuses it under the excusable category.
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It qualifies only if the law expressly commands or authorizes the killing. Employment duties to protect property or guests do not supply the required legal command, so the killing is criminal homicide unless a separate defense renders it excusable.
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No. Generalized advisories without an actual imminent threat or legal command to fire do not authorize the killing. The homicide is therefore criminal because it fits neither the justifiable nor excusable category.
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…damages case in which a proprietor, secreted inside his premises at night, shot intruders without warning and the court found justifiable homicide under section 197. That case differs on its facts from the present one: among other things, the proprietor was present and secreted inside, whereas here no one but the would-be burglars was…