BLOG #4

Justifiable Homicide

Justifiable Homicide is defined as “That which is committed with the intention to kill, or to do a grievous bodily injury, under circumstances which the law holds sufficient to exculpate the person who commits it” (Legal Dictionary).There have been several recent headline stories regarding justifiable homicide, but is murdering someone ever really necessary? How about just wounding them instead, or holding them at gunpoint until law enforcement arrives, or just walking away from the situation altogether if you’re able?
             In Pasadena, Texas 2007, Joe Horn shot and killed two burglars that were robbing his neighbor’s residence. The neighbors were not home, and he admittedly was not friends with them. He was on the phone with 911 who advised him to stay in the house, and not engage the two men. The caller watched as the two suspects entered the residence next door, stole property, and as the men ran away from the house with the items, they were both shot in the back and killed by Mr. Horn. Both men were illegal immigrants and had extensive records, and Horn used several racial slurs when referring to them. It is unknown if the killings were racially motivated or not. He was cleared of all charges by a grand jury, they concluded the act was a justifiable use of deadly force and not murder. Under Texas law, people may use deadly force to protect their own property or to stop arson, burglary, robbery, theft or criminal mischief at night (CBSnews).

Another such case occurred in Blanchard, Oklahoma on this past New Years Eve. A young mother named Sarah McKinley shot and killed an intruder that was armed with a knife. The eighteen year old woman was home alone with her child when  two adult men that were strung out on drugs tried to break into her house, even going so far as to kick in the door for twenty minutes after she blocked it with a couch. McKinley was on the phone with 911 when she asked if it was okay to shoot the intruders, the dispatcher told her to do what she needed to do to protect her child; so she shot and killed one of the men. The female will not be charged with the murder, but the intruder’s accomplice will be. Per Oklahoma law, the use of deadly force is allowed in cases of home invasions/intruders (Huffington post).

 The most recent of these cases occurred three weeks ago in Sanford, Florida. Seventeen year old Trayvon Martin was walking back from the store when he was confronted by the neighborhood watch president George Zimmerman. Zimmerman had called 911 about a suspicious black male in a hoodie walking in his neighborhood at night, and he decided to deal with him. An alleged altercation occurred, and Zimmerman who was armed with a gun shot and killed Martin. Zimmerman claimed self defense, and so far has not been charged with any crime due to lack of evidence. Florida's deadly force law, also called "stand your ground," allows a person to meet "force with force" if they believe they or someone else is in danger of being seriously harmed by an assailant (CNNnews).
          In my opinion, the only case that is an actual justifiable homicide would be the second. Mrs. McKinley was trying to protect not only herself, but her infant son from two men that were determined to get inside of her house. In a situation like that where the police may not make it in time, and there is no way you can get out of the house safely then you really have no other choice; because if it comes down to me or you I'm going to choose myself.  As far as the Joe Horn and George Zimmerman cases, I’m quite disappointed in our justice system. Neither one of these men should be walking free. I can understand Mr. Horn wanting to look out for his neighbor, but he did not have to kill these unarmed men that were running away from him. They presented no threat to him directly, and murdering someone over property is completely ridiculous. As far as the Trayvon Martin case, I see this as out and out cold blooded murder. George Zimmerman acted as a vigilante when there was no cause for him to, and it seems that this killing was racially motivated. An unknown person walking around your neighborhood is not a threat to you if you are inside of your house. It baffles me that no charges have been filed against this man yet, but because of public outrage I’m sure his day in court will come soon enough. There is a fine line between self preservation and homicide, and with so many citizens taking on the roles of judge, jury, and executioner, I think all the states need to seriously reconsider the laws they have enacted on protecting oneself when threatened.

Works Cited:

CBSnews.com “Man Kills Suspects While On Phone with 911”.11 Feb. 2009.
Web. 21 March 2012.
http://www.cbsnews.com/2100-201_162-3517564.html

CNN wire staff. “Outrage, protests grow over shooting of unarmed
Florida teen”CNNnews.com.18 March 2012. Web. 21 March 2012
http://www.cnn.com/2012/03/21/justice/florida-teen-shooting/index.html

LegalDictionary.com. Web. 21 March

http://legal-dictionary.thefreedictionary.com/Justifiable+homicide

Huffington Post.com. “Mom Shoots Intruder”.5 Jan. 2012. Web. 21 March 2012.
http://www.huffingtonpost.com/2012/01/05/okla-mom-shoots-intruder-no-charges_n_1186096.html