Editing Homicide (section)

=== Lawful excuse ===
{{main|Justifiable homicide}}
Not all homicides are crimes, or subject to criminal prosecution.<ref>{{cite journal |last1 = Stevens |first1 = T.L. |title = Manslaughter and Negligent Homicide |journal = Judge Advocate General Journal |date = February 1957 |volume = 1957 |url = http://heinonline.org/HOL/LandingPage?handle=hein.journals/naval1957&div=13&id=&page= |access-date = 11 September 2017 |url-status = live |archive-url = https://web.archive.org/web/20171208013627/http://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fnaval1957&div=13&id=&page= |archive-date = 8 December 2017 |df = dmy-all }}</ref> Some are legally privileged, meaning that they are not criminal acts at all. Others may occur under circumstances that provide the defendant with a full or partial defense to criminal prosecution. Common defenses include:

* [[Right of self-defense|Self-defense]]: while most homicides by civilians are criminally prosecutable, a [[right of self-defense]] (often including the right to defend others)<ref>See, e.g., California Constitution, Art. 1, Sec. 1</ref> is widely recognized, including, in dire circumstances, the use of deadly force.<ref>See, e.g., California Penal Code, Sec. 197.</ref>
* [[Insanity defense|Mental incapacity]]: A defendant may attempt to prove that they are not criminally responsible for a homicide due to a mental disorder.  In some jurisdictions, mentally incompetent killers may be [[involuntary commitment|involuntarily committed]] in lieu of criminal trial. Mental health and development are often taken into account during sentencing. For example, in the United States, the death penalty cannot be applied to convicted murderers with intellectual disabilities.<ref>See the U.S. Supreme Court decision in ''[[Atkins v. Virginia]]''.</ref>
* [[Age of criminal responsibility|Defense of infancy]] – Small children are not held criminally liable before the age of criminal responsibility.  A [[juvenile court]] may handle defendants above this age but below the legal [[age of majority]], though because homicide is a serious crime some older minors are charged in an adult justice system.  Age is sometimes also taken into account during sentencing even if the perpetrator is old enough to have criminal responsibility.
* [[Justifiable homicide]] or privilege: Due to the circumstances, although a homicide occurs, the act of killing is not unlawful. For example, a killing on the battlefield during war is normally lawful, or a police officer may shoot a dangerous suspect in order to protect the officer's own life or the lives and safety of others.

The availability of defenses to a criminal charge following a homicide may affect the homicide rate. For example, it has been suggested that the availability of "[[Stand-your-ground law|stand your ground]]" defense has resulted in an increase in the homicide rate in U.S. jurisdictions that recognize the defense,<ref>{{cite web|last1=Vedantam|first1=Shankar|title='Stand Your Ground' Linked To Increase In Homicides|url=https://www.npr.org/2013/01/02/167984117/-stand-your-ground-linked-to-increase-in-homicide|website=All Things Considered|publisher=National Public Radio|access-date=25 January 2018|date=2 January 2013|url-status=live|archive-url=https://web.archive.org/web/20180126012809/https://www.npr.org/2013/01/02/167984117/-stand-your-ground-linked-to-increase-in-homicide|archive-date=26 January 2018|df=dmy-all}}</ref> including Florida.<ref>{{cite magazine|last1=Sanburn|first1=Josh|title=Florida's 'Stand Your Ground' Law Linked to Homicide Increase|url=https://time.com/4569145/florida-stand-your-ground-law-homicide-increase-study/|access-date=25 January 2018|magazine=Time|date=14 November 2016|url-status=live|archive-url=https://web.archive.org/web/20180323223358/http://time.com/4569145/florida-stand-your-ground-law-homicide-increase-study/|archive-date=23 March 2018|df=dmy-all}}</ref><ref>{{cite journal|last1=Cheng|first1=Cheng|last2=Hoekstra|first2=Mark|title=Does Strengthening Self-Defense Law Deter Crime or Escalate Violence? Evidence from Expansions to Castle Doctrine|journal=Journal of Human Resources|date=2013|volume=48|issue=3|pages=821–854|url=https://0673f437-a-62cb3a1a-s-sites.googlegroups.com/site/hoekstramarktamu/castle_doctrine.pdf |archive-url=https://web.archive.org/web/20180605031246/https://0673f437-a-62cb3a1a-s-sites.googlegroups.com/site/hoekstramarktamu/castle_doctrine.pdf |archive-date=2018-06-05 |url-status=live|access-date=25 January 2018|doi=10.1353/jhr.2013.0023|s2cid=14390513}}</ref>