What is the difference between second degree murder based on implied malice and involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Green, C083617 (Cal. App. 2019):

"[T]he essential distinction between second degree murder based on implied malice and involuntary manslaughter is the subjective versus objective criteria to evaluate the defendant's state of mindi.e. if the defendant commits an act which endangers human life without realizing the risk involved, he [or she] is guilty of manslaughter, whereas if he [or she] realized the risk and acted in total disregard of the danger, he [or she] is guilty of murder based on implied malice." (People v. Cleaves (1991) 229 Cal.App.3d 367, 378.)

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