In self-defense, what qualifies as manslaughter?

Question

How do law enforcement officials draw the line between pure self-defense and manslaughter in the case that an attacker is killed by a defender?

Answer 1

Laws vary by state, including the various crimes that make up the broad category of homicide.

Manslaughter is usually a reduced (or "mitigated") drop down from murder. Most commonly, for extreme emotional distress or sufficient provocation.

But, in the self-defense context, use of excessive force in defending yourself is only a partial defense. So, if you used excessive force in self-defense, it would drop from murder to voluntary manslaughter. In contrast to reasonable force, which is a complete defense.

Answer 2

Technically, killing in self defense IS manslaughter. The question is, when is it legally justified?

coragryph gave the best answer to that.

Answer 3

I don't believe the police do. I'm fairly certain that a judge would have to review the evidence at an arraignment proceeding and make his own determination.

Answer 4

You will be charged with manslughter if you use deadly force when the attacker uses non deadly force or if the defender was the original attacker.

Answer 5

Well I guess you could tell by the way you kill him or her. The autopsy would probably tell them if it was an overkill or not.