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Topic: Justifiable homicide

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	Justifiable homicide - Wikipedia, the free encyclopedia
		A homicide performed out of vengeance, or retribution for action in the past would generally not be considered justifiable, although in some cases such a crime is classed as being justifiable due to the impossibility of finding a jury who would convict under the case's circumstances.
		Justifiable homicides are always initially assumed to be criminal until the evidence warrants a change, as justifiable homicide is one of the most common defenses for homicides both justified and criminal.
		Justifiable homicide is a legal grey area, and there is no real legal standard for a homicide to be considered justifiable.
	en.wikipedia.org /wiki/Justifiable_homicide (1557 words)

	Homicide - Wikipedia, the free encyclopedia
		Homicide is the killing of another human being by one or more persons.
		Defenses against the crime of homicide, where the identity of the killer is not in dispute, include insanity, self-defense and the partial defences of provocation and diminished responsibility.
		Defense of property is not per se a defense against homicide, although a homicide where self-defense became necessary as a result of undertaking defense of property may be justifiable homicide.
	en.wikipedia.org /wiki/Homicide (164 words)

	[No title]
		A justifiable homicide is an event where one person kills another person to prevent a felony, and the law considers it legally acceptable.
		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.
		Thus, when someone cites the FBI's statistics on justifiable homicides, be aware that there is strong reason to believe that the FBI's figures, collected in an honest and consistent manner, consistently overstate the number of murders in America, and understate the number of civilians who use a gun in self-defense.
	www.rkba.org /research/cramer/justifiable-homicide (1554 words)

	112 Wn. App. 260, State v. Brightman
		Homicide is justifiable when committed in the actual resistance of an attempt to commit a felony upon the slayer.
		We have held that the trial court properly refuses to instruct on justifiable homicide where the defendant insists that the killing was an accident and that he did not intend to kill the victim.
		Under RCW 9A.16.050(2), homicide "[i]n the actual resistance of an attempt to commit a felony upon the slayer, in his presence" is justifiable.
	www.mrsc.org /mc/courts/appellate/112wnapp/112wnapp0260.htm (1813 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 (1596 words)

	"Justifiable Homicide" Defined & Explained
		JUSTIFIABLE HOMICIDE - That which is committed with the intention to kill or to do a grievous bodily injury, under circumstances which the law holds sufficient to exculpate the person who commits it.
		A judge who, in pursuance of his duty, pronounces sentence of death, is not guilty of homicide; for it is evident that as the law prescribes the punishment of death for certain offences, it must protect those who are entrusted with its execution.
		A soldier on duty is justified in committing homicide in obedience to the command of his officer, unless the command was something plainly unlawful.
	www.lectlaw.com /def/j059.htm (301 words)

	[No title]
		To justify a stabbing on the grounds of self-defense, there must be not only the belief, but also a reasonable ground for believing, that at the time of the stabbing Samuel Isaac, the party stabbing [Soca], was in imminent or immediate danger of his life or great bodily harm.
		After parsing the statutory definition of excusable homicide, we found that even if the jury believed all of the defendant's testimony, there was no evidence that he possessed a lawful intent as required by the statute since he admitted that he was intentionally assaulting the victim when the gun discharged.
		To justify a homicide on the ground of self-defense, there must be not only the belief but also reasonable ground for believing that at the time of killing the deceased, the party killing was in imminent or immediate danger of his life or great bodily harm.
	vls.law.vill.edu /Locator/3d/Mar1995/95a0989p.txt (4998 words)

	Justifiable Homicide: A Study of the Application of Nonculpable Deadly Force in Cuyahoga County (Cleveland), Ohio, ... (Site not responding. Last check: 2007-10-09)
		Justifiable Homicide: A Study of the Application of Nonculpable Deadly Force in Cuyahoga County (Cleveland), Ohio, 1958–1982.
		Abstract: Justifiable Homicides (JHs) which occurred during a quarter century in a metropolitan community were studied with respect to four points: characteristics of the victims; type of assailants, that is, civilians or law enforcement personnel (LEP); temporal patterns; and circumstances surrounding the fatal incident.
		Inasmuch as JH by civilians remained a relatively constant fraction of all homicides until the final years of this study, the decline in percent of JH in the overall homicide toll largely reflects decreased JH by LEP.
	www.astm.org /jforensicsci/PAGES/933.htm (307 words)

	Saint Louis University Public Law Review
		The data for justifiable homicide are shown in Table 1.[14] As can be seen from the first row, the police are more than 8 times more likely to kill a felon than is the criminal justice system to execute him after arrest.
		Of course, justifiable homicides by police and by civilians are not solely in response to murder but are the result of attempts to commit murder either directly or in the course of committing other crimes.
		Out of the average of 697 reported justifiable homicides each year, there were guns used in 660 cases.[20] This is over 94 percent of all justifiable homicides and indicates that many of these justifiable homicides would not have been possible without the guns being available to the police or to the victims.
	www.saf.org /LawReviews/SouthwickJr1.htm (7040 words)

	OSCN Found Document:OWM v. State
		The homicide in this case is excusable or justifiable pursuant to 22 O.S. 32, and 33 and the court erred in not so finding.
		Section 33 justifying reasonable force to prevent a public offense in which personal injury is imminent, complements, and to a certain extent, overlaps the principles of self-defense and defense of others.
		According to the majority, a homicide is justifiable if committed in lawful defense of an employer, an employee or even one's "mistress", but not if committed in lawful defense of one's brother or sister.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=60401 (2680 words)

	Justifiable homicide in America
		According to the FBI data, there were 1,412 justified homicides in the United States from 1987 through 1991 (the most recent figures available).
		As a result, cases like the recent shooting of a Japanese exchange student in Louisiana are not counted as justified — even though the homeowner who shot the student was later acquitted by a jury.
		Most, but not all of the states with high rates of justifiable homicide also had high rates of violent crime — a factor that frequently parallels the number of killings by civilians, said Richard Kania, chairman of the department of justice and policy studies at Guilford College in North Carolina.
	www.trosch.org /tro/mpr-7g30.htm (665 words)

	Bureau of Justice Statistics Policing and Homicide, 1976-98: Justifiable Homicide of Felons by Police and Murder of ...
		Policing and Homicide, 1976-98: Justifiable Homicide of Felons by Police and Murder of Police by Felons
		Presents annual trends from 1976 to 1998 in two types of homicide: justifiable homicides of felons by police, and murders of police officers by felons.
		Reports the number and rate of justifiable homicide by police; demographic characteristics of officers who justifiably kill, and characteristics of felons who are justifiably killed (gender, race, and age).
	www.ojp.usdoj.gov /bjs/abstract/ph98.htm (178 words)

	Justifiable Homicide (Site not responding. Last check: 2007-10-09)
		The key to making a killing justifiable is that it must meet one of the above criteria and it must be within an immediate threat.
		That which is committed with the intention to kill, or to do a grievous bodily injury, under circumstances which the law holds sufficient to exculpate the person who commits it.
		A private individual will, in many cases, be justified in committing homicide, while acting in self-defense.
	www.stevesavestheworld.com /homicide.html (1015 words)

	Shooting Industry: Explaining the deadly force decision: "justifiable homicide." - Massad Ayoob on Lethal Force, part 3
		In the USA, there are fifty separate states that have their own definition of "justifiable homicide." The following definition should cover you in all fifty states, and in their outlying territories, and for that matter in the Soviet Union or virtually anywhere else on the planet where some semblance of law exists.
		The use of lethal force that can end in homicide is justified in the situation of immediate, otherwise unavoidable danger of death or grave bodily harm to the innocent.
		The requirements for homicide to be justifiable include danger of death or grave bodily harm.
	www.findarticles.com /p/articles/mi_m3197/is_n8_v36/ai_11199334 (1153 words)

	30 Wn. App. 586, STATE v. CASTRO
		Court of Appeals: Holding that a justifiable homicide instruction was proper and that the trial court had not abused its discretion in refusing to grant a new trial, the court AFFIRMS the judgment.
		Although the defendant's motion for a new trial and the trial court's ruling thereon do not appear in the appellate record, respective counsel in argument before this court agreed that such a motion was made and denied.
		RCW 9A.16.050 which defines justifiable homicide "is but a statutory declaration of the common law." STATE v.
	www.mrsc.org /mc/courts/appellate/030wnapp/030wnapp0586.htm (1175 words)

	[No title]
		Note that in the definitions of homicide, homicide = the killing of one human being by another human being.
		But note also that there are justifications for homicide, the so-called justifiable homicides, which include self-defense and the defense of others.
		Premise: Justifiable homicides are homicides justified as necessary for the defense of oneself or the defense of others from threats of a loss of health/life, a loss of life/limb/liberty/property.
	www.bobkwebsite.com /abortnjustfblehomcde.html (481 words)

	Woman's death ruled 'justifiable homicide' - Boston.com (Site not responding. Last check: 2007-10-09)
		She was threatening the grandfather with a pair of scissors, according to authorities.
		The death was ruled a justifiable homicide, said Capt. Randy Landen of the Wichita Police Department.
		White, 40, of Salina, had spent the weekend in Wichita after she was invited to spend Christmas at the house where her 73-year-old father and her 68-year-old mother were raising her children.
	www.boston.com /news/nation/articles/2005/12/29/womans_death_ruled_justifiable_homicide (293 words)

	Police killing of felons examined (Site not responding. Last check: 2007-10-09)
		WASHINGTON — Young fl males have the highest rate of being killed by police in a “justifiable homicide,” although a growing percentage of felons that police killed in the past few decades are white, researchers report.
		A U.S. Department of Justice study of justifiable homicide by police from 1976 to 1998 found that police killed 8,578 felons — 373 each year on average — a figure that has remained fairly constant as the population and the number of police officers on patrol has grown.
		Federal researchers based their findings on voluntary reports from police departments on what the departments concluded were justifiable homicides of felons.
	www.enquirer.com /editions/2001/04/18/loc_police_killing_of.html (540 words)

	Human Rights Watch International Film Festival - New York 2002 - Justifiable Homicide
		In the compelling documentary Justifiable Homicide, filmmakers Jon Osman and Jonathan Stack investigate the 1995 killing of two Hispanic teens by NYPD detectives during a stakeout in the Bronx.
		But Justifiable Homicide has an intensely personal side as well, for the film is also the story of Anthony’s mother, Margarita Rosario, as she seeks justice for her son and other victims of human rights abuses by police.
		Stack is the director of the Oscar-nominated documentaries The Farm and The Wildest Show in the South: The Angola Prison Rodeo.
	www.hrw.org /iff/2002/ny/justifiable.html (902 words)

	Ted Gerk's Western View - Interim, September 1997
		where they not, in effect, believers in the doctrine of "justifiable homicide", and would that not have disastrous effects on our culture and society...
		McDonagh continues throughout her justifiable homicide book to compare the unborn child as a rapist, kidnapper, one that use "brute force" - the list goes on and on.
		So the next time your local pro-abortion group holds a press conference in which a justifiable homicide document is presented, keep in mind that they themselves are the greatest promoters of the doctrine of justifiable homicide.
	www.theinterim.com /sept97/gerk.html (771 words)

	Justifiable Homicide
		The manner of death is listed as justifiable homicide.
		That is, the box next to "homicide" on the death certificate is checked off, and the word "justifiable" is typed in above.
		It is up to the rest of us to speak of the shame of living in a country that methodically and dutifully plans to put people to death.
	www.afsc.org /pwork/0104/010420.htm (1112 words)

	Louisiana Justifiable Homicide Law
		The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
		The homicide shall be justifiable even though the person does not retreat from the encounter.
		The homicide shall be justifiable even though the person committing the homicide does not retreat from the encounter.
	babcockfirm.com /statutes/justifiablehomicide.html (168 words)

	RICCI JOHN VICENTI - JUSTIFIABLE HOMICIDE AND SECTION 74 OF THE PRISONS ACT
		However section 74 is capable of a different and more strict construction, and, given that it is a provision which confers upon the State rights which may bring with them power of life and death over certain citizens.it therefore falls to be strictly construed.
		So construed, section 74 provides lawful justification for the shooting of a prisoner if it is necessary to prevent his escape, but it does not follow that it justifies the killing of a prisoner to prevent his escape.
		Having considered the evidence I have concluded that Evans was justified in the circumstances in finding it necessary to use a firearm, and in firing the lethal shot as he did and when he did.
	www.austlii.edu.au /au/other/IndigLRes/rciadic/individual/brm_rjv/23.html (2406 words)

	MSN Encarta - Search Results - justifiable homicide
		MSN Encarta - Search Results - justifiable homicide
		Homicide, in criminal law, killing of a human being by the act, procurement, or negligence of another.
		Until recently, psychoanalytic theory, largely Freudian, was dogmatically espoused by therapists and held to be the only sensible instrument for treating neuroses...
	encarta.msn.com /justifiable_homicide.html (137 words)

	Justifiable Homicide or Terrorism? (by Stan Moore) - Media Monitors Network
		There is abundant justification for Palestinian self-defense and justifiable homicide.
		However, peace cannot occur in an atmosphere of non-ending homicide, whether justifiable or not.
		Somehow, both sides must find ways to work past the historic injustices and the ongoing ones, and set aside past justifications of violence for a peace based on new paradigms of behavior and a genuine setting aside of past differences.
	www.mediamonitors.net /stanmoore58.html (346 words)

	Justifiable Homicide (Site not responding. Last check: 2007-10-09)
		JUSTIFIABLE HOMICIDE, directed by Jonathan Stack and Jon Osman, is an intense and pointed documentary that explores the high incidence of police brutality in New York City in the mid-to-late 1990s under the administration of Mayor Rudolf Giuliani.
		Although the police report called it "justifiable homicide," independent investigations by pathologists, the Civil Complaint Review Board (CCRB), and an eye witness revealed that the boys were shot multiple times, in the back, as they were lying face-down on the floor of an apartment, unarmed.
		A moving, political, and eye-opening film, JUSTIFIABLE HOMICIDE sheds light on an important, and often overlooked, chapter in New York City history.
	www.rottentomatoes.com /m/justifiable_homicide/about.php (465 words)

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