Murder California Penal Code 187
Murder as “The unlawful killing of a human Being or a fetus with malice aforethought”
Posted on July 27th, 2013Unlawful Killing:Starting with the basic murder, a homicide refers to the killing of another person, whether it was lawful or unlawful. A homicide includes murder, manslaughter, as well as a justifiable killing. Unlawful Killing: Murder is the most aggravated type of homicide. It is always unlawful. The difference between murder from manslaughter in California is the law, the fact that malice is necessarily involved in a murder.
Under the California murder law, Penal Code 187, malice may be expressed or implied. The mental state constituting malice aforethought does not presuppose or require any ill will or hatred of the victim. When a person with wanton disregard for human life, does an act that involves a high degree of probability that it will result in death, he acts with malice aforethought.
Express malice means that you specifically intend to kill the victim. Malice is implied when (a) The killing resulted from an intentional act: (b) The natural consequences fo the act are dangerous to human life: (c) The act was deliberately performed with knowledge of the danger to, and with conscious disregard for , human life. Both first and second degree murder require malice.
First Degree Murder in California:
Under the California Law, there are three ways to be convicted of first degree murder:
By committing the murder
Using a destructive device or explosive, weapon of mass destruction, ammunition primarily designed to penetrate metal or armor, or poison or
By lying in wait or by inflicting torture pursuant to Penal Code 206, California’s torture law
By killing in a way that is willful, deliberate, and premeditated, or
By way of the felony murder rule (that is, by committing a specifically enumerated felony that automatically turns any logically related death into first degree murder.
Examples of first degree murder include:
Going to someone’s house intending to kill him or her
Lying in wait for someone to return to his or her car in order to kill that individual
Any murder that is perpetrated using a destructive device or explosive
Under California law, capital murder and also first degree murder with special circumstances where first degree murder applies, murder charges are punishable by either:
Capital punishment (The Death Penalty) in California or
A State Prison sentence for life without the possibility of parole
California Felony Murder Rule:
California felony murder rule applies to both first and second murder. It essentially creates murder liability for individuals or their accomplices who kill another person during the commission of a dangerous felony.
Unforturnely there is no bail for Penal Code Section 187, murder in California. California takes this crime very seriously and it is a high risk crime. Therefore a no bail is set.