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According to Black's Law Dictionary justifiable homicide applies to the blameless killing of a person, such as in self-defense. [1]The term "legal intervention" is a classification incorporated into the International Classification of Diseases, Tenth Revision, and does not denote the lawfulness or legality of the circumstances surrounding a death caused by law enforcement. [2]
An example is that breaking into someone's home during a fire in order to rescue a child inside, is justified. If the same act is done in the reasonable but mistaken belief that there was a fire, then the act is excused. What is justified under a utilitarian perspective might be excused under a retributivist standpoint, and vice versa.
Justification 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 their act would otherwise constitute an offense. For example, to intentionally commit a homicide would be considered murder.
To rule a justifiable homicide, one must objectively prove to a trier of fact, beyond all reasonable doubt, that the victim intended to commit violence. The first sentence states the standard as a reasonable belief of a threat to well-being. The second sentence states the standard as an intent in fact to commit violence.
It may be a defense by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is regarded as insanity) as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge.
After some technical legal discussion, Lord Coleridge committed Dudley and Stephens to Holloway Prison, until Tuesday, 9 December, when the court would deliver its reasons and its sentence. [40] The panel found that there was no defence of necessity to a charge of murder: on the basis of legal precedent; nor; on the basis of ethics and morality ...
Quintilian and classical rhetoric used the term color for the presenting of an action in the most favourable possible perspective. [5] Laurence Sterne in the eighteenth century took up the point, arguing that, were a man to consider his actions, "he will soon find, that such of them, as strong inclination and custom have prompted him to commit, are generally dressed out and painted with all ...
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. [1] It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. [2]