What is the definition of criminal homicide?

California, United States of America


The following excerpt is from People v. White, B275585 (Cal. App. 2019):

" ' "Homicide is the killing of a human being by another ... ." ' [Citation.]" (People v. Beltran (2013) 56 Cal.4th 935, 941 (Beltran).) Criminal homicide is divided into two categories:

Page 12

murder and manslaughter. (Ibid.) Murder is a killing performed with malice aforethought. ( 187.) Malice may be express or implied. ( 188.) "Express malice is an intent to kill. [Citation.] Implied malice does not require an intent to kill. Malice is implied when a person willfully does an act, the natural and probable consequences of which are dangerous to human life, and the person knowingly acts with conscious disregard for the danger to life that the act poses." (People v. Gonzalez (2012) 54 Cal.4th 643, 653.) While first degree murder requires the defendant to act willfully, deliberately, and premeditatedly with an intent to kill, second degree murder requires only that the defendant act with malice. (Beltran, at p. 942.)

Other Questions


What is the test for the definition of a criminal offence under the Criminal Code of Criminal Procedure? (California, United States of America)
Can a criminal defendant be punished more than once for the same criminal act or for a series of criminal acts? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity a criminal offence? (California, United States of America)
Does a new criminal conviction for a charge of possession of a drug with intent to commit a criminal offence violate subdivision (e) of the Criminal Code? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.