Is implied malice required for a jury to convict a defendant of attempted murder?

California, United States of America


The following excerpt is from People v. Ratliff, 224 Cal.Rptr. 705, 41 Cal.3d 675, 715 P.2d 665 (Cal. 1986):

With respect to his attempted murder conviction, defendant observes that the jury was never instructed that a specific intent to kill was required, or that the implied malice instructions were inapplicable to the attempted murder charge. (See People v. Collie (1981) 30 Cal.3d 43, 62, 177 Cal.Rptr. 458, 634 P.2d 534; People v. Murtishaw (1981) 29 Cal.3d 733, 763-764, 175 Cal.Rptr. 738, 631 P.2d 446.) Indeed, the People concede that the trial court erred in instructing on implied malice in the context of attempted murder, but they argue that the error was harmless under the evidence in this case. We disagree.

Other Questions


Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Is implied malice permitted a jury to convict a defendant of first degree murder based upon implied malice? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of another person? (California, United States of America)
What is the prosecution's argument that defendant was not guilty of express-malice murder but at most of murder with implied malice? (California, United States of America)
What is the test for determining whether a defendant has the mental state required for implied malice to be convicted of murder? (California, United States of America)
Can a jury convict a defendant of attempted murder on the theory of implied malice? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
What is implied malice for the implied malice of a defendant in the second degree felony-murder doctrine? (California, United States of America)
Does the doctrine of implied malice or the felony-murder rule apply to a conviction of attempted murder? (California, United States of America)
Is implied malice sufficient to convict a defendant of attempted murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.