Author Topic: Justifiable Homicide  (Read 1594 times)

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Offline TalkLeft

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Justifiable Homicide
« on: July 04, 2013, 08:27:47 PM »
7.1 INTRODUCTION TO HOMICIDE

Read in all murder and manslaughter cases.

In this case (defendant) is accused of (crime charged).

Give degrees as applicable.

Murder in the First Degree includes the lesser crimes of Murder in the Second Degree, Murder in the Third Degree, and Manslaughter, all of which are unlawful.

A killing that is excusable or was committed by the use of justifiable deadly force is lawful.

If you find (victim) was killed by (defendant), you will then consider the circumstances surrounding the killing in deciding if the killing was (crime charged) or was [Murder in the Second Degree] [Murder in the Third Degree] [Manslaughter], or whether the killing was excusable or resulted from justifiable use of deadly force.

JUSTIFIABLE HOMICIDE
782.02, Fla.Stat.
The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing.

 

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