What is the test for determining whether a defendant is liable for murder when the actus reus and mens rea elements of murder are satisfied?
California, United States of America
The following excerpt is from People v. Velado, B279955 (Cal. App. 2018):
"[A] defendant is liable for murder when the actus reus and mens rea elements of murder are satisfied. The defendant or an accomplice must proximately cause an unlawful death, and the defendant must personally act with malice. Once liability for murder is established . . . , the degree of murder liability is determined by examining the defendant's personal mens rea." (People v. Concha (2009) 47 Cal.4th 653, 663.)
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