What is implied malice in the context of the implied malice doctrine?

California, United States of America


The following excerpt is from People v. Lee, A151330 (Cal. App. 2019):

Thus, while implied malice is similar to the natural and probable consequences doctrine, it is not the same. Implied malice requires that the state prove beyond a reasonable doubt that the defendant was subjectively aware that his or her own conduct endangered human life and nevertheless consciously and deliberately engaged in such conduct. (See People v. Superior Court (Costa) (2010) 183 Cal.App.4th 690, 697 ["Implied malice is determined by examining the defendants subjective mental state to see if he or she actually appreciated the risk of his or her actions."].)

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