Murder
A SUMMARY OF PENAL CODE SECTION 187, "MURDER," UNDER CALIFORNIA LAW
Under California’s murder legislation, killing another person falls into one of two categories:
- Manslaughter
- First and Second-degree
The definition of murder under the Criminal Code is PC 187 is:
“The intentional and unlawful killing of a person or fetus.”
First and Second-degree Murder is a distinct crime under California law
First-degree murder includes all intentional killings and felony murder, which is when someone is killed while committing a crime. The following are the types of murder:
- Assault
- Rape
- Carjacking
- Any violent offense.
The penalty for first-degree murder ranges from 25 years to a life sentence. Nonetheless, the sole punishment choices are death or life in prison if the killing includes lying in wait, torture, a destructive weapon, or other unusual circumstances. Life in prison with no chance of release may be a punishment for first-degree murder. No-premeditation murder is considered second-degree murder. A conviction brings a 15-year to a life sentence.
Manslaughter
Murder is a more serious kind of homicide than manslaughter (PC 192). Voluntary manslaughter covers unintentional, in-the-throes-of-passion kills, and carries a maximum 11-year prison sentence. As opposed to involuntary manslaughter, which is defined as “knowing disrespect of human life,” this crime results in an unexpected death. Up to 4 years in jail might be the punishment.
The murder statute in California is PC 187(a), and it states:
“The willful death of a person or a fetus without authorization.” – Although this description may appear simple, certain words need more explanation.
Illegal killing
Any killing of another person, whether legal or illegal, is a homicide. Hence, a homicide includes:
- Murder
- Manslaughter
- Justified killings are all crimes.
The most severe kind of homicide is murder. That is always forbidden. In California, the need for malice separates murder from manslaughter.
Malice
According to California murder law:
No ill intent or hatred for the specific victim is implied or necessary by the mental state that constitutes malice aforethought. A defendant acts with malice aforethought when they “perform conduct that includes a high degree of probability that it will result in death, with wanton disdain for human life.” Malice is necessary for both first- and second-degree murder. There can be explicit or implicit malice. To express malice means to wish to murder the victim. Malice is suggested by:
The killing was the outcome of a deliberate act, the act’s unavoidable consequences endanger human life, the perpetrator was aware of the risk to human life, and acted with deliberate contempt for human life.
Capital Murder
If a person commits first-degree murder, the following are ways they may be punished:
A capital murder is one in which extraordinary circumstances would warrant a death penalty punishment. However, in California, the alternative to the death penalty is a life sentence in prison with no chance of parole release (“LWOP”).
“First-degree murder with extraordinary circumstances” is another phrase used to describe capital murder.
PC 190.2 provides more than 20 circumstances under which capital murder is appropriate. Due to these unique conditions, first-degree murder becomes capital murder. A few are:
- Killing in order to make money
- Killing several victims.
- Murdering an elected official, a police officer, a firefighter, a prosecutor, a judge, or a jury
- Murdering a witness to keep them from testifying.
- Killing for racial, ethnic, religious, national, or national origin reasons.
- Shooting while moving.
- Gang violence (PC 186.22)
The Rule Against Criminal Murder
Killing while committing a serious offense is referred to as “felony murder.” First- and second-degree murder is subject to the felony murder rule:
Taking a cashier hostage and then shooting while the clerk grabs the phone are two examples. Robbery is a crime, and a murder occurs when the cashier is killed. The fact that the thief did not intend for the cashier to die is irrelevant. The thief may be charged with felony murder.
California’s Felony Murder Law
California felony murder law was recently modified. The previous legal system regarded unintentional murder as murder that occurred during the commission of a crime. In the past, even if they did not participate in the murder or have any murderous intentions, accomplices were nevertheless criminally responsible for felony murder. Governor Jerry Brown enacted a modification on September 30, 2018. Based on Senate Bill 1437, people are only charged with felony murder if they:
- Were a major participant in the underlying felony
- Acted with reckless disregard for human life.
- Were the actual killer
- Had the intent to kill and helped, advised, commanded, induced, solicited, requested, or assisted the actual killer.
- The victim was an on-duty law enforcement officer; the defendant knew or should have known this.
So, unless the victim was an officer on duty, careless or accidental fatalities during offenses do not qualify as felony murder. The former felony murder rule’s violators now have recourse: they can submit a petition for resentencing based on SB 1437.
Murder, California Criminal Code Section 187
According to California Penal Code Section 187, killing a person without justification is illegal. If the defendant intentionally killed someone or acted so recklessly that he knew there was a good chance that his actions would cause someone else to die, the malice requirement has been met. Murder can be charged as either first-degree premeditated murder or second-degree murder by the prosecution.
Elements of Murder
In California, the prosecution must establish each of the following three factors in order to convict the defendant:
- The defendant was murdered without a valid reason or justification.
- Did so with the intent to harm another person (or fetus).
- Behaved with malice
What is Required for a Conviction of Murder by the Prosecution?
For the prosecution to successfully convict a defendant of murder under PC 187, the following elements must be proved “beyond a reasonable doubt.” If the prosecution cannot prove even one of the necessary things, the person cannot be found guilty of murder.
First-degree Murder Requires a High Standard of Proof
In order to convict someone of first-degree murder, the prosecution must show that the defendant really murdered the victim:
- Knowingly, purposefully, and with premeditation, or
- Using torture to punish the murder victim, or lying in wait, or
- Using a destructive tool or a weapon of mass devastation.
The Burden Of Proof for Second-Degree Murder
To convict the defendant of second-degree murder, the prosecution must show that the defendant killed another person and did so carelessly even though he knew there was a good chance that his actions would kill someone else. To find the defendant guilty of second-degree murder, the prosecution does not have to prove that he planned and carried out the crime.
Punishments for Murder Convictions under PC 187
If a person is found guilty of murder by the prosecution, the punishment depends on whether the defendant was found guilty of first- or second-degree murder.
First-degree Murder
- Life in California State Prison after 25 years,
- Up to a $10,000 fine,
- A violation of the Three Strikes Law in California,
- When a gun is used, the sentence may be enhanced,
- Restitution to victims is paid,
- Loss of the ability to own or possess a weapon.
Second-Degree Homicide
- State prison in California: 15 years to life,
- Up to a $10,000 fine,
- A violation of the Three Strikes Law in California,
- Restitution to victims is paid.
Can a Murder Victim's Family Bring a Lawsuit?
Relatives of victims of murder or manslaughter may file two different sorts of lawsuits to recover damages:
A “wrongful death” case that grants restitution to surviving family members.
A “survival” cause of action that makes up for losses the victim’s estate suffered before passing away.
These cases might occur when either the prosecution never brings charges or the defendant is found not guilty after a trial. O.J. Simpson, for instance, was exonerated of murder by a jury. Yet, in a legal case won by the family of his victims, Simpson was forced to pay $33 million in compensation and punitive damages.
Relatives of victims of murder or manslaughter may be compensated for:
- Medical costs
- Funeral costs
- Loss of financial
- Social support provided by the victim (loss of consortium)
- Punitive damages