Justifiable Homicide, Immunity or Defense?

[Gustaf]

I think it is a mistake to separate the action from the justification, since you could do this with everything. Rape is an obvious point, since the act is not illegal if it is justified. If killing someone can be ok, obviously pretty much anything can be ok. So by having this system you would essentially shift the burden of proof to the defendant in general.

[Gustaf]

What do you consider to be justifiable rape? I actually cannot think of any examples. The closest would be something like, "I raped my girlfriend because, there were some people threatening to kill my family if I did not do it, for their enjoyment." but even that would only be a mitigating factor if the girlfriend nonetheless wanted to press charges.

I think you misunderstood me. Having sex with someone can be justified. So I could go "I admit I had sex with this woman, but it was justified sex." Prosecution goes, "fine, but it's up to you to prove that you were justified"

[Gustaf]

Right, but having sex with someone does not prove that you have caused them any harm. Killing someone, you have caused them the ultimate harm. The two could not be more different.

A better example is burglary, since if you prove that I stole property from you, you have shown that I have caused you harm. If I then claim "there were some people at my house who were threatening to kill my family if I did not steal for you," should it be my obligation to prove that there were indeed such people making such a threat, or should it be your obligation to prove that there were no such people?

Or even better... if I claim that the property was mine to begin with, since you stole it from me last week, is the burden of proof on me or you?

I always support the most expansive interpretation possible of the rights of the accused.

In the case of justifiable homicide though, the person being killed is the one being implicitly accused, on the question of justification.

Well, not necessarily. "Yes, I have your wallet, but you gave it to me so I'm justified in having it." "Well, it's up to you to prove that you're justified"