As Blackstone stated, murder cannot be justified or excused. Justifiable and excusable homicides are noncriminal, and thus justification or excuse can operate as an affirmative defense in many jurisdictions. A thorough discussion of defenses based on justification and excuse is in Criminal Defenses, Part 1 and Criminal Defenses, Part 2.
A justifiable homicideis a homicide that is warranted under the circumstances. One example of a justifiable homicide is when a law enforcement officer shoots and kills a fleeing felon to prevent imminent great bodily injury or death. This killing is intentional and purposeful with maliceaforethought, but it is noncriminal. The justification negates the criminality and the law enforcement officer will not be convicted of murder. A complete discussion of use of deadly force by law enforcement to arrest or apprehend a criminal defendant is in Criminal Defenses, Part 1. Other murder defenses based on justification are self-defense, defense of others, and defense of habitation.
An excusable homicideis a homicide that society forgives or pardons. One example of an excusable homicide is a homicide committed by a defendant who is found legally insane. This killing could also be intentional and purposeful with maliceafore thought, but it is noncriminal. The excuse negates the criminality and the defendant will not be convicted of murder. A complete discussion of the insanity defense is in Criminal Defenses, Part 2.
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