What is the difference between self-defense and justifiable homicide?
Self-defense and justifiable homicide are both legal defenses in South Carolina if someone has committed a violent crime. However, they are different in their application and purpose. Self-defense is a justification to an action, such as a violent act, that was committed as a result of an imminent and immediate threat of death or great bodily injury to the accused. Self-defense can be used as an affirmative defense, where the accused admits to have committed the violent act but claims it was necessary to protect himself/herself or others from great harm or death. In other words, the accused must prove that they acted in self-defense in order to avoid conviction. On the other hand, justifiable homicide is when a person is legally allowed to use deadly force in certain situations. Justifiable homicide is generally used when an individual is legally allowed to kill another person in order to avoid death or great bodily injury to themself or others. Unlike self-defense, justifiable homicide can be used even when there is no immediate threat of death or great bodily injury. For example, if someone sees someone trying to break into their house, they may be justified in using deadly force to protect themselves and their property. In South Carolina, self-defense and justifiable homicide are both legal defenses that can be used in certain situations if someone is accused of a violent crime. However, they are different in that self-defense must be used to avoid conviction, while justifiable homicide is used in situations where deadly force may be accepted in order to protect one’s self or others.
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