What is the test for malice in the context of murder?

California, United States of America


The following excerpt is from People v. Blakeley, 23 Cal.4th 82, 96 Cal.Rptr.2d 451, 999 P.2d 675 (Cal. 2000):

As we did in the companion case of People v. Lasko, supra, 23 Cal.4th 101, 96 Cal.Rptr.2d 441, 999 P.2d 666, we begin our analysis by exploring the differences between murder and the lesser offense of manslaughter. Murder is the unlawful killing of a human being with malice aforethought. (Pen.Code, 187, subd. (a).)3 Malice may be either express or implied. It is express when the defendant manifests "a deliberate intention unlawfully to take away the life of a fellow creature." ( 188.) It is implied "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart." (Ibid.) This statutory definition of implied malice, we have said, "has never proved of much assistance in defining the concept in concrete terms" (People v. Dellinger (1989) 49 Cal.3d 1212, 1217, 264 Cal.Rptr. 841, 783 P.2d 200), and juries should be instructed that malice is implied "when the killing results from an intentional act, the natural consequences of which are dangerous to life, which act was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life" (id. at p. 1215, 264 Cal.Rptr. 841, 783 P.2d 200). As in the companion case of People v. Lasko, for convenience we shall describe this mental state as "conscious disregard for life."

Other Questions


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)
Can a defendant be convicted of first degree murder even if charged only with murder with malice? (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)
What is the test for malice in the context of a murder conviction pursuant to section 187 of the California Penal Code? (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)
What is the test for erroneous or erroneous jury instructions in the context of implied-malice murder? (California, United States of America)
Is a defendant's claim that the trial court erred by instructing the jury on first degree murder because the information alleged only that the murder of Agent Cross was committed with malice aforethought? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Can a defendant be convicted of first degree murder even if the indictment or information charged only murder with malice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.