NATIONALLY RECOGNIZED FEDERAL LAWYERS
When Is Homicide Considered Justifiable in Chicago?
|Last Updated on: 1st October 2023, 10:08 am
When Is Homicide Considered Justifiable in Chicago?
Homicide – the killing of one human being by another – is a complex issue. Whether a homicide is criminal or justifiable depends on the circumstances surrounding the act. This article will examine when homicide may be legally justified under Illinois law, specifically looking at the situation in Chicago.
What Makes a Homicide Justifiable?
A homicide is considered legally justifiable when it is done to prevent a serious crime or done in self-defense. Illinois law defines justifiable homicide in 720 ILCS 5/7-1:
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
So in Illinois, a homicide may be justified if:
- It was done to prevent death, great bodily harm, or a forcible felony like robbery or rape
- The person reasonably believed force was necessary to defend themselves or others against unlawful force
Self-defense is the most common legal justification. The key is that the person must reasonably believe force is necessary – they can’t use more force than needed to stop the threat.
Limits on Justifiable Homicide in Chicago
While Illinois law provides for justifiable homicide in self-defense, Chicago has additional requirements. The city made changes in 2013 amid concerns that self-defense laws were being abused.
In Chicago, a person now has a “duty to retreat” before using lethal force in self-defense outside the home. This means they must retreat or escape the threat if possible before killing in self-defense. Inside the home, there is no duty to retreat.
Chicago also requires a person to report being threatened to the police before using lethal force if possible. And the threat must be imminent – they can’t kill later in retaliation and claim self-defense.
Burden of Proof for Justifiable Homicide
If a homicide occurs, the killer has the burden of proof to show it was legally justified. They must prove:
- They reasonably believed force was needed to prevent death/harm
- Their belief was reasonable under the circumstances
- The amount of force used was appropriate and proportional
Police and prosecutors will investigate if these criteria were met. The killer may be charged with murder or manslaughter if the homicide is found to be criminal.
Recent Examples of Justifiable Homicides in Chicago
There are a few recent cases where Chicago homicides were ruled justified:
- In 2021, a concealed carry holder shot two men who opened fire on him in a carjacking attempt. Police ruled it was self-defense[1].
- In 2019, an off-duty police officer shot and killed a man who showed a gun during a car accident argument. Authorities said the officer acted in self-defense[2].
- In 2018, an elderly man fatally shot a 19-year-old who had broken into his garage. Prosecutors declined to file charges due to the castle doctrine defense[3].
These cases show that Chicago homicides can be ruled justifiable when evidence clearly shows self-defense was necessary to prevent harm.
Defenses Against Criminal Homicide Charges
If a homicide occurs under questionable circumstances, a person may raise legal defenses to fight criminal charges:
- Self-Defense: Arguing lethal force was necessary to prevent imminent death or great bodily harm.
- Imperfect Self-Defense: Believing you were in danger but your belief was unreasonable.
- Insanity: Lacking criminal responsibility due to mental illness.
- Accident: The death was unintentional and without criminal negligence.
An experienced criminal defense lawyer can argue these defenses and seek to get charges reduced or dismissed if the homicide was not an intentional, unlawful killing.
When Can Police Use Deadly Force in Chicago?
Police officers may use deadly force when they reasonably believe it’s necessary to defend themselves or others from death or great bodily harm. This is similar to civilian self-defense laws.
However, Chicago has strict policies on police use of force. Officers must seek to de-escalate situations when possible. And any use of force must be objectively reasonable, necessary, and proportional.
Police shootings and use of deadly force are investigated by the Civilian Office of Police Accountability (COPA). They determine if policies were followed and if charges against the officer are warranted.
Final Thoughts
Determining if a homicide is justifiable involves looking at the specific circumstances and whether the use of deadly force was reasonable and necessary. While Illinois law allows self-defense killings, Chicago has tighter restrictions – so claiming a homicide was justified can be difficult. Those accused of criminal homicide have legal defenses, but carry the burden of proving the killing was warranted.