May 14, 2015

Ferrer jury to start deliberating tomorrow at 8:30

And now we wait.

The options, the jury has are second degree murder, involuntary or voluntary manslaughter. The information below is from shouse law website.

In Penal Code 187 (a) PC, California law defines murder as "the unlawful killing of a human being or a fetus with malice aforethought."

Unlawful killing:

 "Homicide" refers to the killing of another person, whether lawful or unlawful.  A homicide therefore includes murder, manslaughter, as well as justifiable killings.
"Murder" is the most aggravated type of homicide.  It is always unlawful.  What distinguishes murder from manslaughter in California law is the fact that malice is necessarily involved in a murder.

Malice aforethought:


Malice aforethought
"The mental state constituting malice aforethought does not presuppose or require any ill will or hatred of the particular victim.  When a defendant '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."

Under California murder law, Penal Code 187 (a), malice may be express or implied.
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 of the act are dangerous to human life; and (c) The act was deliberately performed with knowledge of the danger to, and with conscious disregard for, human life.4 Both first- and second-degree murder require malice.

Second degree murder:

Under California Penal Code 187, second-degree murder is also willful but is not deliberate and premeditated.

Voluntary manslaughter:

Penal Code 192(a) PC California's voluntary manslaughter law may be charged when you kill another person during a sudden quarrel or in the heat of passion. The difference (between first degree murder and voluntary manslaughter) is that voluntary manslaughter doesn't involve malice, since the killing is done spontaneously.

Involuntary manslaughter:

Prosecutors can charge you with Penal Code 192(b) PC California's involuntary manslaughter lawwhen you kill another person
  1. without malice,
  2. without an intent to kill, but
  3. with conscious disregard for human life.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.