What is the test for murder, perfect and imperfect self-defense, and manslaughter?

California, United States of America


The following excerpt is from People v. Rodriguez, H042931 (Cal. App. 2018):

Before we examine defendant's claims in detail, we briefly review the law governing murder, perfect and imperfect self-defense, and manslaughter. Under section 187, subdivision (a), murder is defined as "the unlawful killing of a human being, or a fetus, with malice aforethought." Murder is divided into first and second degree murder under section 189. " 'Second degree murder is the unlawful killing of a human being with malice, but without the additional elements (i.e., willfulness, premeditation, and deliberation) that would support a conviction of first degree murder.' " (People v. Chun (2009) 45 Cal.4th 1172, 1181.) "Malice exists, if at all, only when an unlawful homicide was committed with the 'intention unlawfully to take away the life of a fellow

Page 20

Other Questions


In a second degree murder case, in what circumstances would have been a manslaughter verdict if the jury had been given the same instructions on the subject of murder and manslaughter? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
Does the doctrine of imperfect self-defense apply to reduce the killing from murder to voluntary manslaughter? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
Does a jury have a sua sponte duty to instruct on voluntary manslaughter, involuntary manslaughter, and simple assault as lesser included offenses to murder? (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 charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
Is involuntary manslaughter a lesser offense of murder than murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.