"Justifiable homicide" can generally be interpreted as "The guy who got shot damn well deserved it." I see this tragic incident as more of an "excusable homicide
," meaning "It shouldn't have happened, but any reasonable person who stood in Brailsford's position and knew what he knew, would very likely have made the same mistake."
It is fundamental error not to instruct on justifiable and excusable homicide
in the absence of an express concession that the homicide was not excusable or justified.
(50) One who came to beat someone else or to take his goods could be killed in self-defense, but it was only an excusable homicide
. (51) However one who "take[s] his goods as a felon" could be killed, and it was justified.
(74) Blackstone divided homicide in self-defense into two categories: "Justifiable Homicide" and "Excusable Homicide
The gross injustice of all this meant that Parliament in 1532 created a category of excusable homicide
that included these cases where you were suddenly attacked and killed your attacker.
The defendant cannot be guilty of manslaughter by committing a merely negligent act or if the killing was either justifiable or excusable homicide
, as I have previously instructed you.: (The explanations of justifiable homicide and excusable homicide
are in Instruction 7.1.
However, the defendant cannot be guilty of manslaughter if the killing was either justifiable or excusable homicide
: [begin strikethrough]as I have previously explained those terms.[end strikethrough].
Lawful homicide includes justifiable and excusable homicides
. Unlawful homicide includes murder (S.300.IPC), culpable homicide not amounting to murder (S.299.IPC), culpable homicide amounting to murder (S.304A.IPC), rash or negligent homicide (S.304A.IPC).
In A Report on some proceedings on the commission for the trial of the rebels in the year 1746 in the county of Surry, and of other crown cases to which are added discourses upon a few branches of the crown law, Foster attempts to clarify--though certainly not to reverse--laws regarding justifiable and excusable homicides
. He very clearly distinguishes between someone who kills in a street quarrel, arranged or impromptu, and someone who kills defending himself or his property from a felon.