Killing another person is always wrong… right?
It’s in every country’s legal doctrine, every major religion, even going back as far
as 2000BC where the Sumerian Code punishes any man who kills another man.
But despite universal opposition to homicide, there have been situations where killing someone
else is justified.
So when is homicide legal?
Well first and foremost, the legality of homicide depends largely on the difference between
what “murder” is and isn’t.
Murder is typically defined by several characteristics.
[1.]
It results in the death of a person [2.]
Caused by another person [3.]
With deliberate intent, or reckless indifference [4.] and it occurs outside the boundaries
of the law.
Effectively all homicide investigations attempt to determine whether or not a killing fits
these four characteristics.
However, there are times when ending someone else’s life is not only legal, but encouraged.
The most common is in cases of self-defense.
US law states that you may use lethal force to defend yourself or others who are imminently
threatened by a “deadly physical force…
kidnapping, forcible rape, forcible sodomy or robbery”.
In most states, however, if you are able to avoid the situation, or “retreat”, then
you must do so rather than using lethal force.
Exceptions exist in 23 states, known as “Stand-Your-Ground” laws.
These maintain that if you are in a place you are legally allowed to be, then you have
no “duty to retreat”, and can respond to deadly force with deadly force.
Also, nearly all states have a form of “castle doctrine”.
This gives greater leniency to assault against an intruder within your own home, whether
they pose a lethal threat or not.
Outside of Texas, however, you cannot kill someone only to protect your property.
Killing an enemy combatant as directed in a lawful war also falls under the umbrella
of legal homicide.
However, outside the scope of authorized combat, killing another person, even in a warzone,
would usually be considered a war crime.
In countries that authorize the death penalty, both the executioner and the judge who orders
the killing are exempt from prosecution.
Additionally, most jurisdictions allow public officers extra protections for shooting to
kill an escaping prisoner.
Several countries, and a few US states, allow doctor assisted suicide, but only when the
patient is terminally ill and in pain.
Other countries, especially in those which practice Sharia law, it is legal to “honor
kill” women for anything that brings shame upon a family.
This includes adultery, homosexuality, being the victim of rape, or any number of supposed
transgressions.
Killing another person, in most cases, is illegal.
But under the right circumstances, it may be the only recourse you’ve got, and it’s
up to the courts to decide, was it murder or not?
For better or for worse, you can be the judge, police follow different rules when it comes
to killing.
To learn more, go check out this video from our friends at AJ+.
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