Originally Posted By: ekpolk
Originally Posted By: Tempest
Quote:
you're admitting that you committed murder, but you're adding that you had a legal justification for doing so.
As Gary stated, you are lumping together murder with killing in self defense. I don't believe the 2 are related.
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Oh yes, the two are very closely related. Self-defense is an "affirmative defense", as distinct from a denial. In a denial situation, you claim you're not guilty because the gov't can't prove one or more elements of the crime you're accused. When you assert an affirmative defense, you ADMIT all the elements of the charged crime, but assume the burden of proving additional facts to establish your claimed defense (self-defense, or whatever). So yes, they are related. You have to admit the "murder" in order to assert self defense.
Murder is an unlawful killing. By your definition the death penalty would allow murder.
If you, after having killed an assailant who tried chibbing you, want to proclaim, "I have murdered this man in a case of affirmative defense," be my guest!