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Page 24 of 24 |
What is homicide? |
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Homicide is the killing of one person by another. At common law, homicide is classified in three ways:
Justifiable homicide, is homicide that takes place in the reasonable belief that a serious crime is being committed and in an attempt to prevent the crime. It may also be in self-defense, in defense of others, or an action taken in the line of duty, such as one by a police officer. Someone who hits someone over the head to prevent the assailant from raping a woman has committed homicide if the assailant dies, but the homicide would be justifiable if the amount of force used was necessary to prevent the crime of rape. A police officer who shoots and kills someone who appears to be about to shoot a gun may also be justified.
Excusable homicide is homicide committed accidentally or with sufficient provocation while doing some lawful activity. For example, if someone is physically attacked in a parking garage and kills the attacker while defending himself, that would be excusable homicide if the attack victim did not use a dangerous weapon or kill in a cruel or unusual way.
Criminal homicide is the unlawful killing of another. It is divided into several categories. See murder and manslaughter.
(Reviewed 11.5.08)
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