What Constitutes Self Defense in a Homicide Trial?
Self-defence is a term used when the death of another person has come about in order for the accused to protect themselves or somebody else from physical force. Of course, the degree to which this defence can be mounted changes on an individual basis, but that is the very basic and initial explanation for this defence in a homicide trial. Before delving further into proof and the role of force, let us take a step back and go through the legal terminology that can often prove jargonic and confusing in trials and court cases.
What is homicide?
Homicide is the general umbrella term that is meant when one person dies at the hand of another. It can often be mistakenly identified as murder or manslaughter, but those two terms are more specific ways for a person to die, i.e., criminal homicides. Some homicides are not illegal, such as the execution of a guilty party by a state or nation, as well as self-defence, and this can be classified as non-criminal homicides. The key word to remember in any homicide investigation is ‘intent,’ as will become apparent if you read on. Of course, every country has different laws, so be careful when applying this knowledge to specific cases. This is why expert solicitors such as the team at Harewood Law need to be appointed to properly represent accused persons in such cases.
Degrees of murder
Murder is the intentional, premeditated killing of another person, and it is classified into degrees of murder, depending on the intent and severity of how a victim is killed. In the UK, there are two degrees of murder:
First-degree murder - This is when a person has been killed with a premeditated plan to actively go out and end a person’s life. There is a clear intent involved to kill the person, and that act has been successful
Second-degree murder - This is when a person has been intentionally killed, but there was no premeditation to the act. It was done in the heat of the moment, but there was still the intent to cause serious harm
The severity of the murder and the level of violence used often play a role in defining which category the act comes into.
In the U.S, there is such a thing as third-degree murder, but in the UK, the next steps down delve into the terminology of manslaughter.
What is manslaughter and involuntary manslaughter?
Manslaughter is when a person is killed with no premeditation or intent. It can come in the form of voluntary manslaughter, which is when a person loses their self-control because of a provocative act, or when a person’s mental state is diminished. Involuntary manslaughter can be charged against a person when a death has occurred as a result of gross negligence, such as creating a life-threatening situation through a workplace scenario, or through an unlawful act.
What is meant by the term ‘murder mens rea’?
In its most direct form, mens rea is a Latin phrase meaning ‘guilty mind.’ In the example of how we are talking, a murder mens rea would refer to the mental element of a crime using the defence of self-defence. What is the mental state of the accused when the crime was committed? What was the intent? How aware is the defendant that their actions were wrong? Were they aware of the risk when committing their act? Were they negligent so that their actions caused the death of somebody else? These are the nitty-gritty of the internal questions that need to be asked of a defendant in murder, manslaughter, and homicide trials.
The absolute defence of self-defence
Self-defence can be used as a legal defence when describing how a person has died. There are three examples of how self-defence can be applied:
If you are defending yourself from unlawful force
If you are defending someone else, such as a spouse, child, or family member, from such force
If you are protecting your own property
These are examples when self-defence is the legal argument that your actions were necessary to prevent further harm from occurring.
The role of reasonable and necessary force
The main questions that are answered in self-defence revolve around the necessity to use force to prevent a situation from spiralling into an even worse one. It also questions how reasonable it was to use such force in the example scenario. Could a different scenario have played out?
In the UK, weapons are not allowed to be used for self-defence, so if weapons were used in a self-defence case, it is unlikely to succeed. Who moved first may also play a role in the case, but it is not necessarily the defining element.
What is the burden of proof?
The prosecution has to disprove your defence of self-defence with three main arguments. Were you defending anybody else or anything else? Were you defending property, stopping another crime, or carrying out a lawful arrest when the act took place? And were your actions excessive or too forceful? If they cannot be answered to a jury’s satisfaction, then self-defence has taken place.
Need help?
Hopefully, you will never find yourself in such a situation where you need a solicitor for a criminal homicide case. But should the need arise, Harewood Law’s serious crime solicitors are on hand and ready to assist. We believe that everybody deserves a voice, and certainly in situations as serious as homicide cases. Turn to us for representation during questioning or in court, trial preparation, appeals assistance, and for any other legal proceeding or advice.