# Justifiable homicide **URL:** \ **Category:** Factual Questions\ **Created:** [January 18, 2017, 12:33pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460 "2017-01-18T12:33:49Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [January 18, 2017, 12:33pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/1 "2017-01-18T12:33:49Z")
Just watched the film _Eadweard_ about the life of the 19th century English photographer Eadweard Muybridge. In 1874 while living in California he shot and killed his wife’s lover, was arrested and tried but acquitted by the jury, ignoring the judge’s instructions, on the grounds of justifiable homicide. What I find puzzling is the claim made in the film that this was the last such verdict rendered in the history of American jurisprudence. Is this true? I thought people like George Zimmerman and others were acquitted on those grounds. ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [January 18, 2017, 1:04pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/2 "2017-01-18T13:04:32Z")
> [@aldiboronti](#): > > Just watched the film _Eadweard_ about the life of the 19th century English photographer Eadweard Muybridge. In 1874 while living in California he shot and killed his wife’s lover, was arrested and tried but acquitted by the jury, ignoring the judge’s instructions, on the grounds of justifiable homicide. > > What I find puzzling is the claim made in the film that this was the last such verdict rendered in the history of American jurisprudence. Is this true? I thought people like George Zimmerman and others were acquitted on those grounds. See [jury nullification,](https://en.wikipedia.org/wiki/Jury_nullification) in which the jury delivers a verdict contrary to the weight of the evidence. Legal experts here will hopefully chime in and indicate whether this appropriately describes what happened in the Muybridge case, but I suspect it does; the only conceivable justification for [justifiable homicide](https://en.wikipedia.org/wiki/Justifiable_homicide#Common_excusing_conditions) would be #5, the “heat of the moment” defense, but Muybridge evidently spent some time tracking down his victim before shooting him to death, so that’s pretty thin justification. Re: the [George Zimmerman case,](https://en.wikipedia.org/wiki/Trial_of_George_Zimmerman#Juror_comments) the jury evidently had mixed feelings: some believed it was case of justifiable homicide (justified by self-defense), while others felt there wasn’t enough evidence to convict Zimmerman of what they believed was murder. ---
**Author:** ![Evan\_Drake](https://avatars.discourse-cdn.com/v4/letter/e/b487fb/32.png) [@Evan\_Drake](https://boards.straightdope.com/u/Evan_Drake)\ **Post date:** [January 18, 2017, 1:15pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/3 "2017-01-18T13:15:17Z")
It’s the Unwritten Law. After one either separates, she into a nunnery; or one reconciles, “_Let us never speak of this again, my dear._” ---
**Author:** ![usedtobe](https://avatars.discourse-cdn.com/v4/letter/u/ec9cab/32.png) [@usedtobe](https://boards.straightdope.com/u/usedtobe)\ **Post date:** [January 18, 2017, 7:24pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/4 "2017-01-18T19:24:04Z")
p.s. For those wishing to avoid jury duty in a criminal procedure (which you really shouldn’t), just ask “What is this thing called ‘Jury Nullification’ I’ve heard of?”. Courts hate even the name being used. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [January 18, 2017, 7:41pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/5 "2017-01-18T19:41:59Z")
Why would the words “justifiable homicide” even come up? AFAIK, IANAL - Juries don’t typically give a reason (in court) they just render a verdict. It may be patently contrary to the facts presented, but the jury verdict is either Guilty or Not Guilty (or the jury fails to reach a decision). In interviews later, a juror maybe might explain his reasoning… Jury nullification has a bad rap because it was the typically means of enforcing the unwritten American law “a white man cannot be punished for murdering a black man…” ---
**Author:** ![DrCube](https://avatars.discourse-cdn.com/v4/letter/d/a3d4f5/32.png) [@DrCube](https://boards.straightdope.com/u/DrCube)\ **Post date:** [January 18, 2017, 8:01pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/6 "2017-01-18T20:01:21Z")
> [@md2000](#): > > Why would the words “justifiable homicide” even come up? If that was the legal defense used by the defendant. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 18, 2017, 9:41pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/7 "2017-01-18T21:41:04Z")
> [@aldiboronti](#): > > Just watched the film _Eadweard_ about the life of the 19th century English photographer Eadweard Muybridge. In 1874 while living in California he shot and killed his wife’s lover, was arrested and tried but acquitted by the jury, ignoring the judge’s instructions, on the grounds of justifiable homicide. > > What I find puzzling is the claim made in the film that this was the last such verdict rendered in the history of American jurisprudence. Is this true? I thought people like George Zimmerman and others were acquitted on those grounds. I dunno what drugs the filmakers were one when they made that claim.😃 Indeed justifiable homicide is a term used to apply to self defense killings. > **[Justifiable homicide](https://en.wikipedia.org/wiki/Justifiable_homicide#Examples_in_the_United_States)** > > Note: Varies by jurisdiction > Note: Varies by jurisdiction > The concept of justifiable homicide in criminal law is a defense to culpable homicide (criminal or negligent homicide). Generally, there is a burden to produce exculpatory evidence in the legal defense of justification. > In most countries, a homicide is justified when there is sufficient evidence to disprove the alleged criminal act or wrongdoing (under the beyond a reasonable doubt standard for criminal charges, and preponderance of e... However, this seems not to fit into any modern usage of\* justifiable homicide\*, instead the jury more or less seemed to think that Muybridge had a fair beef against Major Harry Larkyns . > **[Did Eadweard J. Muybridge get away with murder?](https://www.csmonitor.com/Technology/Horizons/2012/0409/Did-Eadweard-J.-Muybridge-get-away-with-murder)** > > Before Eadweard J. Muybridge completed his breakthrough work in film, for which he earned a Google doodle Monday, the photographer killed a man. History may have been very different if Eadweard J. Muybridge had gone to jail. This wasnt uncommon back in the day, there’s a whole book about it: [http://www.h-net.org/reviews/showrev.php?id=13177](http://www.h-net.org/reviews/showrev.php?id=13177) For a while, a man could (especially in Texas) get away with murder if he killed the man who was screwing his wife. I doubt if Muybridge was the last case like that. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [January 18, 2017, 9:56pm UTC](https://boards.straightdope.com/t/justifiable-homicide/777460/8 "2017-01-18T21:56:47Z")
Most interesting, **DrDeth**. That book on murder trials on the Texas Frontier looks fascinating and I shall definitely treat myself to it come the end of the month.