Justifiable homicide
Encyclopedia
The United States' concept of justifiable homicide
in criminal law
stands on the dividing line between an excuse
, justification
and an exculpation. It is different from other forms of homicide in that due to certain circumstances the homicide is justified as preventing greater harm to innocents. A homicide can only be justified if there is evidence to suggest that it was reasonable to believe that the offending party posed an imminent threat to the life or wellbeing of another.
(the Latin
for "guilty act") of an offense, accompanied by the necessary mens rea
(the Latin for "guilty mind") element. Thus, if one person has killed another, intending to do so, the normal consequence would be a conviction for murder. But, for a variety of different public policy
reasons, societies
over the centuries have considered it morally
acceptable and/or merely expedient for one person to kill another and to treat this killing as justifiable in a number of different situations. Thus, the Laws of Solon
forming part of early Athenian law, provided that if an accused pleaded that they were justified in killing another, their case would be tried in a dedicated court called the Delphinion
where, for example, it was considered justifiable homicide to kill an adulterer caught in the act or a burglar caught in the act at night. These exceptions to liability match the modern concepts of provocation
and defense of property and reflect the fact that, although the terminology of justification may change over the centuries, the human concepts of jealousy
and the rights of ownership
remain reasonably consistent as potential excuses.
In deciding when intentional killings should be treated as justifiable, government
s are balancing different sets of interests. On the one hand, states
usually accept some form of practical responsibility to protect their citizens from harm. In more modern times, this reflects a social contract
where allegiance
is rewarded by the provision of policing
and other civil defense
systems, and the apparatus of redress for injuries suffered through a court
system. In the United Nations
Universal Declaration of Human Rights
, Article 3 states that everyone has the right to life, liberty and security of person, and many constitution
s offer protection for life. Yet, more modern culture
s also value and respect individual autonomy, and wish to avoid unduly restricting an individual's freedom
of action and refrain from interfering in a citizen's life unless it is absolutely necessary. Where the balance is struck will be reflected in which situations are allowed to become excuses and result in an immunity, and those situations which merely exculpate, i.e. allow special treatment either by reducing the charge to one less serious, or by reducing the sentence
. Hence, in eighteenth century English law
, it was considered a justifiable homicide if a husband killed a man "ravishing" or raping
his wife (Blackstone, Wm. at p391), but most modern English law jurisdictions treat this as only a circumstance that will mitigate murder to a conviction for manslaughter
. In other words, the socialization
of modern men is supposed to result in less violent responses to provocations.
, usually committed in self-defense
or in defense of another, may be called in some cases in the United States
. A homicide may be considered justified if it is done to prevent a very serious crime
, such as rape, armed robbery
, manslaughter or murder. The assailant's intent to commit a serious crime must be clear at the time. A homicide performed out of vengeance, or retribution for action in the past, would generally not be considered justifiable.
In cases of self-defense, the defendant should generally obey a duty to retreat
if it is possible to do so. In the states of Alabama
, Alaska
, Arizona
, California
, Colorado
, Connecticut
, Florida
, Georgia
, Hawaii
, Indiana
, Kentucky
, Louisiana
, Maine
, Maryland
, Massachusetts
, Michigan
, Mississippi
, Missouri
, Montana
, New Jersey
, North Carolina
, Ohio
, Oklahoma
, Oregon
, Pennsylvania
, Rhode Island
, South Carolina
, Tennessee
, Texas
, West Virginia
, Washington, Wyoming
and other Castle Doctrine
states, there is no duty to retreat in certain situations (depending on the state, this may apply to one's home, business, or automobile, or to any public place where a person is lawfully present). Preemptive self-defense, cases in which one kills another on suspicion that the victim might eventually become dangerous, is considered criminal, no matter how likely it is that one was right. Justifiable homicide is a legal gray area, and there is no clear legal standard for a homicide to be considered justifiable. The circumstances under which homicide is justified are usually considered to be that the defendant had no alternative method of self-defense or defense of another than to kill the attacker.
Two other forms of justifiable homicide are unique to the prison system: the death penalty and preventing prisoners from escaping. To quote the California
State Penal Code
(state law) that covers justifiable homicide:
Although the above text is from Californian law, most jurisdictions have similar laws to prevent escapees from custody.
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
stands on the dividing line between an excuse
Excuse
In jurisprudence, an excuse or justification is a defense to criminal charges that is distinct from an exculpation. In this context, "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability. "To justify" as in justifiable...
, justification
Justification (jurisprudence)
Justification in jurisprudence is an exception to the prohibition of committing certain offenses. Justification can be a defense in a prosecution for a criminal offense. When an act is justified, a person is not criminally liable even though his act would otherwise constitute an offense. For...
and an exculpation. It is different from other forms of homicide in that due to certain circumstances the homicide is justified as preventing greater harm to innocents. A homicide can only be justified if there is evidence to suggest that it was reasonable to believe that the offending party posed an imminent threat to the life or wellbeing of another.
Explanation
The normal rule in the criminal law is that those accused of crime should be convicted of an offense only if they have committed the actus reusActus reus
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions...
(the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "guilty act") of an offense, accompanied by the necessary mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
(the Latin for "guilty mind") element. Thus, if one person has killed another, intending to do so, the normal consequence would be a conviction for murder. But, for a variety of different public policy
Public policy (law)
In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change...
reasons, societies
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
over the centuries have considered it morally
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
acceptable and/or merely expedient for one person to kill another and to treat this killing as justifiable in a number of different situations. Thus, the Laws of Solon
Solon
Solon was an Athenian statesman, lawmaker, and poet. He is remembered particularly for his efforts to legislate against political, economic and moral decline in archaic Athens...
forming part of early Athenian law, provided that if an accused pleaded that they were justified in killing another, their case would be tried in a dedicated court called the Delphinion
Delphinion
In ancient Greece, a Delphinion was a temple of Apollo Delphinios also known as "Delphic Apollo" or "Pythian Apollo", the principal god of Delphi, who was regarded as the protector of ports and ships....
where, for example, it was considered justifiable homicide to kill an adulterer caught in the act or a burglar caught in the act at night. These exceptions to liability match the modern concepts of provocation
Provocation (legal)
In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge...
and defense of property and reflect the fact that, although the terminology of justification may change over the centuries, the human concepts of jealousy
Jealousy
Jealousy is a second emotion and typically refers to the negative thoughts and feelings of insecurity, fear, and anxiety over an anticipated loss of something that the person values, particularly in reference to a human connection. Jealousy often consists of a combination of presenting emotions...
and the rights of ownership
Ownership
Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate or intellectual property. Ownership involves multiple rights, collectively referred to as title, which may be separated and held by different parties. The concept of ownership has...
remain reasonably consistent as potential excuses.
In deciding when intentional killings should be treated as justifiable, government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
s are balancing different sets of interests. On the one hand, states
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
usually accept some form of practical responsibility to protect their citizens from harm. In more modern times, this reflects a social contract
Social contract
The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments. Social contract arguments assert that individuals unite into political societies by a process of mutual consent, agreeing to abide by common rules and accept...
where allegiance
Allegiance
An allegiance is a duty of fidelity said to be owed by a subject or a citizen to his/her state or sovereign.-Etymology:From Middle English ligeaunce . The al- prefix was probably added through confusion with another legal term, allegeance, an "allegation"...
is rewarded by the provision of policing
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
and other civil defense
Civil defense
Civil defense, civil defence or civil protection is an effort to protect the citizens of a state from military attack. It uses the principles of emergency operations: prevention, mitigation, preparation, response, or emergency evacuation, and recovery...
systems, and the apparatus of redress for injuries suffered through a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
system. In the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, Article 3 states that everyone has the right to life, liberty and security of person, and many constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s offer protection for life. Yet, more modern culture
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
s also value and respect individual autonomy, and wish to avoid unduly restricting an individual's freedom
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
of action and refrain from interfering in a citizen's life unless it is absolutely necessary. Where the balance is struck will be reflected in which situations are allowed to become excuses and result in an immunity, and those situations which merely exculpate, i.e. allow special treatment either by reducing the charge to one less serious, or by reducing the sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
. Hence, in eighteenth century English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, it was considered a justifiable homicide if a husband killed a man "ravishing" or raping
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
his wife (Blackstone, Wm. at p391), but most modern English law jurisdictions treat this as only a circumstance that will mitigate murder to a conviction for manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. In other words, the socialization
Socialization
Socialization is a term used by sociologists, social psychologists, anthropologists, political scientists and educationalists to refer to the process of inheriting and disseminating norms, customs and ideologies...
of modern men is supposed to result in less violent responses to provocations.
Common excusing conditions
Potentially excusing conditions common to most jurisdictions include the following.- Where a state is engaged in a warWarWar is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
with a legitimate casus belliCasus belliis a Latin expression meaning the justification for acts of war. means "incident", "rupture" or indeed "case", while means bellic...
, a soldier from one of the combatant states may lawfully kill a soldier in the army of the opposing state so long as that soldier has not surrendered. This principle is embedded in public international law and has been respected by most states around the world. Thus, if there is no formal declaration of warDeclaration of warA declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
or the casus belli is not legitimate, all those who engage in the fighting and kill combatants could theoretically be prosecuted. Otherwise, protecting the national interest against external aggressors will be considered an excuse on utilitarian grounds, i.e. the greatest public good will be derived from the defeat of the enemy. - Where a state operates a system of capital punishmentCapital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, all those who may be involved are excused from liability. This usually includes the judgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
who passes sentence, the prison guards who deliver the condemned person to the place of execution and those who carry out the sentence. - Many countries agree that it may be lawful for a citizen to repel violence with violence to protect his or her own or another's life and limb, or to prevent sexual assault. However, there is less agreement on the extent to which it is ever justifiable to kill the attacker. There are usually tests based on the proportionality of the response to the attack. Thus, there may be exculpation if the level of force used in defense matches the force threatened and the "winner" of the conflict first retreated or showed a clear intention not to fight (assuming this was possible in the time available).
- Some countries agree that it may be lawful for a citizen to resort to violence to protect valuable property, usually defined as one's own.
- The idea of a crime of passionCrime of passionA crime of passion, or crime passionnel, in popular usage, refers to a crime in which the perpetrator commits a crime, especially assault or murder, against someone because of sudden strong impulse such as sudden rage or heartbreak rather than as a premeditated crime...
, in which death results from the "heat of the moment," is now considered a part of the defense of "provocation" against a charge of murder. This recognizes that all individuals may suddenly and unexpectedly lose control when words are spoken or events occur but, again, states differ on the extent to which this should be allowed to excuse liability or merely mitigate to a lesser offense such as manslaughterManslaughterManslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. - The doctrine of necessityNecessityIn U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when...
allows, for example, a surgeon to separate conjoined twins, killing the weaker twin to save the other. - In the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the 2005 Unborn Victims of Violence ActUnborn Victims of Violence ActThe Unborn Victims of Violence Act of 2004 is a United States law which recognizes a "child in utero" as a legal victim, if he or she is injured or killed during the commission of any of over 60 listed federal crimes of violence...
defined human fetuses as "unborn children" for the first time, recognizing all fetuses as equal holders of general human rightsHuman rights in the United StatesHuman rights in the United States are legally protected by the Constitution of the United States and amendments, conferred by treaty, and enacted legislatively through Congress, state legislatures, and plebiscites...
and formally defining feticideFeticideFeticide is an act that causes the death of a fetus. In a legal context, "fetal homicide" or "child destruction" refers to the deliberate or incidental killing of a fetus due to a criminal human act, such as a blow to the abdomen of a pregnant woman...
as murder (under USC §1111). However, the law retained explicit exceptions which prohibit the prosecution "of any person for conduct relating to an abortion," "of any person for any medical treatment," or "of any woman with respect to her unborn child," thereby preserving abortion rights in the United StatesAbortion in the United StatesAbortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973...
under a justifiable homicide framework. - Several countries, such as the NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, BelgiumBelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, SwitzerlandSwitzerlandSwitzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, and the US states of OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and Washington allow both active and passive euthanasia by law, if justified. - There is a strand of authority that potentially permits police or other law enforcement officers to use force to protect others from harm. This is another example of utilitarianism in that it may be necessary to prejudice the few to benefit the many. But, in many states, there is a presumption of innocencePresumption of innocenceThe presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
before the criminal case comes to trial. In South AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, §49 Criminal Procedure Act used to provide:
-
-
- (2) Where the person concerned is to be arrested for an offense referred to in Schedule 1 or is to be arrested on the ground of having committed such an offense, and the person authorized under this Act to arrest or to assist in arresting him cannot arrest him or prevent him from fleeing by other means than killing him, the killing shall be deemed to be justifiable homicide.
- This has now been amended by §7 Judicial Matters Second Amendment Act 122 of 1998:
- (2) If any arrestor attempts to arrest a suspect and the suspect resists the attempt, or flees, or resists the attempt and flees, when it is clear that an attempt to arrest him or her is being made, and the suspect cannot be arrested without the use of force, the arrestor may, in order to effect the arrest, use such force as may be reasonably necessary and proportional in the circumstances to overcome resistance or to prevent the suspect from fleeing: Provided that the arrestor is justified in terms of this section in using deadly force that is intended or is likely to cause death or grievous bodily harm to a suspect, only if he or she believes on reasonable grounds-
- (a) that the force is immediately necessary for the purpose of protecting the arrestor, any person lawfully assisting the arrestor or any other person from imminent or future death or grievous bodily harm;
- (b) that there is a substantial risk that the suspect will cause imminent or future death or grievous bodily harm if the arrest is delayed; or
- (c) that the offence for which the arrest is sought is in progress and is of a forcible and serious nature and involves the use of life threatening violence or a strong likelihood that it will cause grievous bodily harm.
-
United States
A non-criminal homicideHomicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, usually committed in self-defense
Self-defense (United States)
In the United States, the defense of self-defense allows a person to use reasonable force in his or her own defense or the defense of others ....
or in defense of another, may be called in some cases in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. A homicide may be considered justified if it is done to prevent a very serious crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
, such as rape, armed robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, manslaughter or murder. The assailant's intent to commit a serious crime must be clear at the time. A homicide performed out of vengeance, or retribution for action in the past, would generally not be considered justifiable.
In cases of self-defense, the defendant should generally obey a duty to retreat
Duty to retreat
In the criminal law, the duty to retreat is a specific component which sometimes appears in the defense of self-defense, and which must be addressed if the defendant is to prove that his or her conduct was justified. In those jurisdictions where the requirement exists, the burden of proof is on the...
if it is possible to do so. In the states of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
, Washington, Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
and other Castle Doctrine
Castle Doctrine
A Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...
states, there is no duty to retreat in certain situations (depending on the state, this may apply to one's home, business, or automobile, or to any public place where a person is lawfully present). Preemptive self-defense, cases in which one kills another on suspicion that the victim might eventually become dangerous, is considered criminal, no matter how likely it is that one was right. Justifiable homicide is a legal gray area, and there is no clear legal standard for a homicide to be considered justifiable. The circumstances under which homicide is justified are usually considered to be that the defendant had no alternative method of self-defense or defense of another than to kill the attacker.
Two other forms of justifiable homicide are unique to the prison system: the death penalty and preventing prisoners from escaping. To quote the California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
State Penal Code
California Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
(state law) that covers justifiable homicide:
- 196. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either--
- 1. In obedience to any judgment of a competent Court; or,
- 2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
- 3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.
Although the above text is from Californian law, most jurisdictions have similar laws to prevent escapees from custody.