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Topic: Excusable homicide

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Homicide

Justifiable homicide

Voluntary manslaughter

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	Homicide - LoveToKnow 1911
		In England under the Norman system homicide became a plea of the crown, and the rights of the kindred to private vengeance and to compensation were gradually superseded in favour of the right of the king to forfeitures where the homicide amounted to a crime (felony).
		Homicide is excusable and not criminal at all when committed either by misadventure or in self-defence.
		Homicide in self-defence is excusable when the slayer is himself in immediate danger of death, and has done all he could to avoid the assault.
	www.1911encyclopedia.org /Homicide (2732 words)

	OSCN Found Document:Accident and Misfortune - No Undue Advantage Taken
		Excusable homicide is distinguished from killings termed justifiable homicide in that the latter involves the taking of life as a matter of right, such as self-defense or other statutorily defined cause, as set forth in section 733 of Title 21.
		However, "excusable homicide is where death results from a lawful act by lawful means, accomplished accidentally or by misfortune or misadventure, or accomplished with sufficient provocation, with no undue advantage and without unnecessary cruel treatment." Gaunce v.
		That excusable homicide becomes an issue for jury consideration only where death results from conduct that is otherwise lawful is reiterated throughout the cases.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=81428 (879 words)

	homicide - HighBeam Encyclopedia
		Homicides that are neither justifiable nor excusable are considered crimes.
		A criminal homicide committed with malice is known as murder, otherwise it is called manslaughter.
		A homicide is excusable if it is the result of an accident that occurred during a lawful act and that did not amount to criminal negligence.
	www.encyclopedia.com /doc/1E1-homicide.html (492 words)

	CATHOLIC ENCYCLOPEDIA: Homicide
		Homicide is said to be indirect when it is no part of the agent's plan to bring about the death which occurs, so that this latter is not intended as an end nor is it selected as a means to further any purpose.
		Of justifiable homicide an instance is afforded by such "unavoidable necessity" as the execution of a criminal "pursuant to the death warrant and in strict conformity to the law" (Wharton, op.
		Felonious homicide, when imputed by law to the infirmity of human nature and deemed without malice, is termed manslaughter, being either a voluntary killing "in a sudden heat of passion", or an involuntary killing "in the commission of an unlawful act" (Wharton, op.
	www.newadvent.org /cathen/07441a.htm (1576 words)

	Homicide Summary
		The main categories of homicide are murder, which denotes a crime committed with malicious or clear intent; manslaughter, which includes acts committed in a moment of passion or recklessness without malice aforethought; noncriminal homicide; and excusable, negligent, or accidental homicide, such as when someone dies during surgery due to unforeseen complications.
		Homicides generally not regarded as criminal are those committed in self-defense, to aid a police officer or other representative of the law (for instance, during a sanctioned execution), or to stop someone from committing a serious crime.
		Defenses against the crime of homicide, where the identity of the killer is not in dispute, include insanity, self-defense (theory), defense of others and the partial defences of provocation (and provocation in English law) and diminished responsibility (and diminished responsibility in English law).
	www.bookrags.com /Homicide (2342 words)

	[No title] (Site not responding. Last check: 2007-11-04)
		Increasingly, many states are updating their justifiable homicide statutes to presume that if someone breaks into your home, that they intend you great bodily harm, and therefore you are justified in shooting someone who breaks into your home.[1] There are some special exceptions.
		Excusable Homicide There is another category of killing, called "excusable homicide." California's law is like that of many other states, and includes two categories of excusable homicide.
		The first category is homicides "committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent."[4] This is the case where someone does everything right to go shooting, and someone else wanders into the middle of the range and gets shot.
	www.rkba.org /research/cramer/justifiable-homicide (1554 words)

	Charge to Jury by Judge Frank Murphy in the Henry Sweet Trial
		The only variety of excusable homicide which I need advert to is that which embraces the defense of one's own life, or that of his family, relatives or dependents, within those relations where the law permits the defense of others as of one's self.
		But, there is a distinction between justifiable and excusable homicide, which will be convenient in order to illustrate the difference between the various instances of homicide in repelling assaults, according as they are or are not felonious.
		Homicide, in self defense, is excusable when it occurs in a sudden affray, or in repelling an attack not made with a felonious design.
	www.law.umkc.edu /faculty/projects/ftrials/sweet/chargetojury.html (5567 words)

	OSCN Found Document:ADAMS v. STATE
		In a homicide case it is for the court to determine what degree or degrees of homicide the evidence tends to establish.
		A person has the right to defend himself against any assault and in a prosecution for homicide caused by accused striking deceased with his first, instructions limiting right of self-defense to a reasonable apprehension of design to kill or cause the accused great bodily injury was erroneous.
		Excusable homicide is where death results from a lawful act by lawful means, accomplished accidentally or by misfortune or misadventure, or so accomplished with sufficient provocation, with no undue advantage and without unnecessary cruel treatment.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=57305 (1763 words)

	Crime Definitions (Site not responding. Last check: 2007-11-04)
		Homicide prohibited and punishable by law, such as murder or manslaughter.
		Homicide resulting from the careless performance of a legal or illegal act in which the danger of death is apparent; the killing of a human being by criminal negligence.
		Homicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the commission of a crime not included within the felony-murder rule.
	www.sandiegocrimedefense.com /CM/Custom/TOCCrimeDefinitions.asp (2341 words)

	[No title]
		On appeal, he contends the trial court erred in: 1) refusing to grant his proffered jury instruction on excusable homicide; 2) refusing to grant either of his proffered jury instructions on imperfect self-defense; and 3) refusing to instruct the jury on the lesser-included offense of voluntary manslaughter in mutual combat.
		Excusable self-defense may be asserted when the accused, who was at some fault in precipitating the confrontation with the victim, abandons the fight and retreats as far as he or she safely can.
		While fear and terror may be a consequence of that situation, the motivation for the killing stems from the actual, albeit unreasonable, perception of imminent danger to one's life, and the mitigation issue where a self-defense claim is involved is measured by the actual presence of that state of mind.
	www.courts.state.va.us /txtops/2193992.txt (3513 words)

	[No title]
		When homicide is considered a crime, it is known as criminal or felonious homicide (not to be confused with felony murder, about which more later).
		Within the general category of criminal homicide are murder (subdivided into first- and second-degree murder in many states), manslaughter (often classified as voluntary, involuntary, or vehicular), and other forms of homicide such as negligent or reckless homicide.
		Criminal homicide constitutes murder when: (a) it is committed purposely or knowingly; or (b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.
	www.acebo.com /papers/homicide.htm (4596 words)

	Blackstone's Commentaries - Book the Fourth - Chapter the Fourteenth : Of Homicide
		But that is not quite the cafe in excufable homicide, the very name whereof imports fome fault, fome error, or omiffion; fo trivial however, that the law excufes it from the guilt of felony, though in ftrictnefs it judges it deferving of fome little degree of punifhment.
		EXCUSABLE homicide is of two forts; either per infortunium, by mifadventure; or fe defendendo, upon a principle of felf-prefervation.
		cafual homicide was excufed, by the indulgence of the emperor figned with his own fign manual, “adnotatione principis:” otherwife the death of a man, however committed, was in fome degree punifhable.
	www.yale.edu /lawweb/avalon/blackstone/bk4ch14.htm (7252 words)

	MISMUR
		Excusable homicide explicitly extended to accidental killings resulting from lawful acts and to accidental killings resulting from provoked heat of passion or sudden combat (without undue advantage, dangerous weapon, or cruel or unusual manner).
		State, the supreme court construed the law of excusable homicide under the 1880 Code, disregarded the disjunctive "or" in the statute, and assumed that excusable homicide required the absence of a dangerous weapon for both provoked and sudden combat killings.
		A defendant should be able to avoid murder liability for an unintentional homicide by persuading the jury that he or she was guilty of culpable negligence but lacked the depraved heart required for murder.
	home.olemiss.edu /~mhoffhei/MISMUR.htm (16559 words)

	Georgia Violent Crime Defense Lawyers - Atlanta Murder Defense Attorneys - Georgia Assault and Battery Attorneys - ...
		Justifiable homicide- A form of non-criminal homicide in which proof is necessary to show that the victim did not die from a criminal act.
		An example of justifiable homicide is a death that is the cause of self defense.
		Excusable homicide- A homicide which is the result of an accident in which no laws were broken and which can be defended in court.
	www.criminaldefensepros.com /violent-crimes.htm (888 words)

	A gun in the home increases personal safety
		Homicides at other locations (such as bars, work or the streets) were not counted.
		Over 76 percent of the homicides were committed by a relative or acquaintance of the victim, and only 3.6 percent were verified as strangers breaking in.
		Kellermann's study didn't document whether a firearm used in a particular homicide was the same one kept in the home, or whether it might have been carried in by the murderer.
	www.huppi.com /kangaroo/L-kellermann.htm (4914 words)

	FARMS: Printer Friendly - Legal Perspectives on the Slaying of Laban
		If a killing qualified as excusable under this provision, the law provided that the Lord would appoint "a place whither he [the slayer] shall flee." This did not mean that the killer automatically went free, only that he was allowed to flee to a city of refuge and remain there for trial (Numbers 35:12).
		While it is true that Deuteronomy 19:4-5 gives as an example of an excusable homicide the case where a man and his neighbor are chopping wood and an axe head accidentally flies off its handle and kills the neighbor, this does not mean that the definition of excusable homicide includes only freak accidents.
		Having found that the definition of excusable homicide was broader than purely accidental killings and was not limited by what modern readers would consider to be acts committed "unawares," we must next ask whether that law in Exodus 21 was broad enough to include even a slaying with a sword.
	www.aliveonline.com /ldspapers/Laban.htm (8036 words)

	Criminal Homicide Murder Defense Attorneys Madison Wisconsin Sexual Assault Crime Law Office (Site not responding. Last check: 2007-11-04)
		A person is charged with Criminal Homicide when the facts apparent to the policing authorities indicate that the person killed another person with a criminal state of mind, meaning with intent, premeditation, knowledge, recklessness, or criminal negligence.
		Justifiable Homicide indicates that the homicide was committed in self-defense, or in the defense of another person, especially a member of one's own family, or in the defense of the person's residence, or to prevent a felony, especially if the felony would have caused great bodily harm, or in performing a legal duty.
		A Negligent Homicide charge indicates the belief that the homicide was committed by a person acting criminally negligent (i.e., Ordinary Negligence to a higher degree).
	www.mayslawoffice.com /custom1_2.shtml (771 words)

	Cornered Cat - Legal Links
		RCW 9A.32 is the chapter which defines the different types of homicide in Washington law, including murder, murder by abuse, manslaughter, excusable homicide, or justifiable homicide.
		Excusable homicide and justifiable homicide are further discussed under RCW 9A.16.030, RCW 9A.16.040, and RCW 9A.16.050.
		Excusable homicide could apply if a defendant accidentally kills an innocent person during an otherwise lawful attempt to defend herself.
	www.corneredcat.com /Legal/LegalLinks.htm (1185 words)

	Harmon & Associates - Homicide Defense Attorneys, San Jose, CA.
		A homicide or murder arrest is a very scary situation, and even if you have been falsely accused, you are facing serious criminal charges.
		Homicide is defined as the killing of one person, committed by another person.
		Excusable homicide - An accidental or misfortunate homicide that is able to be defended in the legal system and seen as excusable because no laws were broken and there was no intent.
	www.harmonlegal.com /homicide.html (478 words)

	Firing Back
		When someone quotes figures for homicides in the United States, and compares them to other countries, make a point of asking them if they mean "murders and non-negligent manslaughters" or if they mean "homicides." Homicide includes any intentional killing of one person by another.
		The first case involves homicides "committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent."[7] This is the case where someone does everything right to go shooting, and someone else wanders into the middle of the range and gets shot.
		If the police investigate a homicide and ask the district attorney to charge someone with murder or manslaughter, that is reported as a murder or manslaughter to the UCR program.
	www.claytoncramer.com /firing.html (2309 words)

	Q: Why isn’t a person who carries out a state execution guilty of homicide themselves
		The one we generally think of “homicide” in the murder-mystery sense is felonious homicide.
		In a case of terrible tautology, it simply means homicide that is punishable as a felony (in medieval times, a felony was any crime punishable by death—a much longer list than ours today).
		Justifiable homicides clearly involve intent, and possibly malice and premeditation, but are “justified” by the law.
	archives.stupidquestion.net /sq51605.html (581 words)

	untitled
		Justifiable homicide occurred when the victim of an inherently dangerous common-law felony (arson, stranger burglary, stranger robbery, stranger rape), or a bystander thereof, resisted the felony.
		The common law classified the killing as (barely) excusable homicide, and not justifiable homicide, even if the killer had retreated as far as he could to a wall, a ditch, or to the sea.
		In disquisitions on homicides in which the deceased was NOT a career felon, a famous difference of opinion existed between Sir Edward Coke and William Blackstone.
	www.saf.org /JFPP12ch1.htm (2836 words)

	OCCA: OUJI-CR 4-63 (Site not responding. Last check: 2007-11-04)
		Homicide is defined in section 691 of Title 21 as "the killing of one human being by another." An unborn fetus that is viable at the time of injury is a "human being" and therefore may be the subject of a homicide.
		The absence of legal justification for the homicide distinguishes a killing for which the defendant may be criminally culpable from a killing for which the defendant may not be so liable, for, as the court stated in Smith v.
		Thus, since the statutory requirement that homicide be committed "unlawfully" embodies an essential element of the crime which must be proved beyond a reasonable doubt, it is one upon which the jury must be instructed.
	www.occa.state.ok.us /online/oujis/oujisrvr.jsp?o=159 (2659 words)

	Hillsborough: 'Excusable homicide' makes a free man
		Florida law says homicide is excusable when it occurs by "accident or misfortune in the heat of passion, upon any sudden or sufficient provocation."
		Florida is one of a handful of states with an excusable homicide provision, said Robert Batey, who has taught criminal law at Stetson University College of Law since 1977.
		Excusable homicide is different from justifiable homicide, Batey said.
	www.sptimes.com /2006/08/04/Hillsborough/_Excusable_homicide__.shtml (1116 words)

	CCW Permit
		A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which lawful homicide may be committed, is not sufficient to justify it.
		But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.
		The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.
	www.ocsd.org /CCWPermit/WeaponLaws.asp (2313 words)

	California Murder Defense Lawyers - Orange County Homicide Attorneys - California Criminal Defense Lawyer - Law Offices ...
		Excusable homicide - Homicide that results from an accident, in which the defendant is excused because he or she did not break the law or intend to harm the deceased.
		Justifiable homicide - Non-criminal homicide in which proof is necessary to show that the homicide was not a criminal act.
		If you are facing homicide charges in California, you should contact the Law Firm of Joseph H. Low, IV to ensure that your case is represented in an aggressive and professional manner.
	www.aggressivecriminaldefenselawyers.com /murder_defense.html (637 words)

	Pilgrims Covenant Church - A Matter of Law
		Homicide, the killing of a human being, fell under three categories according to the common law, this in faithful reflection of God's law.
		This is the unavoidable taking of human life by the state as punishment in a capital crime, in war, or by police officers in the line of duty.
		The last category of homicide is felonious homicide, a criminal act of which there are two types.
	www.pccmonroe.org /Abortion/law.htm (1848 words)

	Violent Crime Patterns (Site not responding. Last check: 2007-11-04)
		Excusable homicide results from accident or misfortune, and justifiable homicide results from noble motive or legally recognized demands.
		Over time, homicide rates have held the promise of going down, that is, there is a long-term downward trend, but good years are often followed by bad years.
		Homicide is mostly an intra-racial event since 95% of the time, offender and victim are of the same race (Decker 1993).
	faculty.ncwc.edu /toconnor/301/301lect15.htm (3149 words)

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