Murder

 

To prove that a defendant is guilty of Murder in the State of California, the People must prove that:

☐ The defendant committed an act that caused the death of another person

[AND]

☐ When the defendant acted, (he/she) had a state of mind called malice afterthought.

[AND]

☐ (He/She) killed without lawful (excuse/[or] justification). There are two kinds of malice:  (aforethought) express malice and implied malice.

 

Proof of either is sufficient to establish the state of mind required for murder. The defendant acted with express malice if (he/she) unlawfully intended to kill. The defendant acted with implied malice if: (He/She) intentionally committed an act; The natural and probable consequences of the act were dangerous to human life; At the time (he/she) acted, (he/she) knew (his/her) act was dangerous to human life; AND (He/She) deliberately acted with conscious disregard for (human/ [or] fetal) life.

MURDER: FIRST AND SECOND DEGREE

To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act that caused the death of another person.
[AND]
When the defendant acted, )he/she) had a state of mind called malice afterthought.
[AND]
(He/She) killed without lawful (excuse/[or] justification).]There are tow kinds of malice aforethought, express mallice and implied malice. Proof of either is sufficient to establish the state of mind required for muder.The defendant acted with express malice if (he/she) unlawfully inteded to kill.The defendant acted with implied malice if: (He/She) intentionally committed an act; The natural and probable consequences of the act were dangerous to human life; At the time *he/she) acted, (he/she) knew (his/her) act was dangerous to human life;
[AND]
(He/She) deliberately acted with conscious disregard for (human/ [or] fetal) life.