Problem

Justifiable homicide

Other Names:
Lawful killing
Permissible murder
Nature:

The concept of justifiable homicide in criminal law (e.g. as opposed to culpable homicide) stands on the dividing line between an excuse, a justification, and an exculpation. In certain circumstances, homicide is justified when it prevents greater harm to innocents. A homicide can only be justified if there is sufficient evidence to prove that it was reasonable to believe that the offending party posed an imminent threat to the life or well-being of another, in self-defense. A homicide in this instance is blameless and distinct from the less stringent criteria authorizing deadly force in stand your ground rulings.

Incidence:
Article 336 of the Criminal Code of the Dominican Republic states that "homicide of the spouse is pardonable when the other spouse is caught in the act of adultery in the conjugal home, and the accused has killed either the spouse, his/her accomplice, or both".
Claim:
At no time is the taking of another human life justifiable, murder is murder and justifications simply hide this fact.
Counter Claim:
The right to life implies the right to protect and defend one's own life or the life of another person against an unjust attack. Since the defence can only be effective if it is in proportion to the violence of the unjust attack, it is possible that in the act of defending oneself or another the victim may kill the assailant.
Problem Type:
E: Emanations of other problems
Date of last update
01.01.2000 – 00:00 CET