The law on the

crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

in the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

is defined by sections 187 through 191 of the

California Penal Code The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted ...

. The United States

Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...

reported that in the year 2020, the state had a murder rate near the median for the entire country.

Definition

The Code defines murder as "the unlawful killing of a human being, or a fetus, with

malice aforethought Malice aforethought is the "premeditation" or "predetermination" (with malice (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insof ...

", with the exception of abortions consented to by the mother of the fetus, where an abortion is necessary to preserve the mother's life, or when the abortion complied with the Therapeutic Abortion Act. While malice may be expressed in the form of a 'deliberate intention to take away the life of a fellow creature', it may be implied when there is no 'considerable provocation' for the killing, or when the circumstances around the killing 'show an abandoned and malignant heart'. In California, the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

" year and a day" rule has been changed to a "three years and a day" rule.''Report on the Year and a Day Rule in Homicide'', The Law Reform Commission of Hong Kong, June 1997. If a death occurs more than three years and one day after the act alleged to have caused it (and the act was committed on or after 1 January 1997), there is "a

rebuttable presumption In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed inn ...

that the killing was not criminal", but the prosecution may seek to overcome this presumption. However, if the murder is committed by somebody who is serving a term of life imprisonment and is sentenced to state prison the year and a day rule applies instead.

Degrees

There are multiple degrees of murder in California. ;Second-degree murder Second-degree murder is any murder that does not constitute first-degree murder. ;First-degree murder Murder may be charged as first-degree murder if committed under the following circumstances: *

Drive-by shooting A drive-by shooting is a type of assault that usually involves the perpetrator(s) firing a weapon from within a motor vehicle and then fleeing. Drive-by shootings allow the perpetrator(s) to quickly strike their target and flee the scene before ...

, where the intent is to kill a person *

Armor-piercing ammunition Armour-piercing ammunition (AP) is a type of projectile designed to penetrate either body armour or vehicle armour. From the 1860s to 1950s, a major application of armour-piercing projectiles was to defeat the thick armour carried on many warsh ...

Poison Poison is a chemical substance that has a detrimental effect to life. The term is used in a wide range of scientific fields and industries, where it is often specifically defined. It may also be applied colloquially or figuratively, with a broa ...

Lying in wait In criminal law, lying in wait refers to the act of hiding and waiting for an individual with the intent to kill or inflict serious bodily harm to that person. Because lying in wait involves premeditation, some jurisdictions have established that ...

Torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...

* Involving a

destructive device In the United States, a destructive device is a type of firearm or explosive device regulated by the National Firearms Act of 1934, revised by the Omnibus Crime Control and Safe Streets Act of 1968 and Gun Control Act of 1968. Examples of destruct ...

* Perpetration of, or attempt to perpetrate arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 287, 288, or 289, or former Section 288a ;Capital murder Also known as first degree murder with special circumstances, capital murder is distinguishable from first-degree murder in that the

death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

may be imposed upon conviction. The circumstances which allow for the death penalty (If the defendant was under 18, the only penalties are life without parole or 25 years to life. Youth offender parole laws require a parole hearing after 25 years regardless of sentence imposed however.) to be imposed for murder are contained in *for financial gain (1) *the defendant had previously been convicted of first or second degree murder (2) *multiple murders (3) *committed using

explosives An explosive (or explosive material) is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure. An expl ...

(4) ; (6) *to avoid

arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...

or aiding in escaping custody (5) *the victim was an on-duty

peace officer A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, pro ...

; federal law enforcement officer or agent; or

firefighter A firefighter is a first responder and rescuer extensively trained in firefighting, primarily to extinguish hazardous fires that threaten life, property, and the environment as well as to rescue people and in some cases or jurisdictions also ...

(7) ; (8) ; (9) *the victim was a

witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...

to a crime and the murder was committed to prevent them from testifying (10) *the victim was a

prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...

or assistant prosecutor;

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

or former judge; elected or appointed official;

juror A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

; and the murder was in retaliation for the victim's official duties (11) ; (12) ; (13) ; (20) *the murder was "especially heinous, atrocious, or

cruel Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve vi ...

, manifesting exceptional depravity" (14) *the murderer lay in wait for the victim (15) *the victim was intentionally killed because of their

race Race, RACE or "The Race" may refer to: * Race (biology), an informal taxonomic classification within a species, generally within a sub-species * Race (human categorization), classification of humans into groups based on physical traits, and/or s ...

religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...

nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...

, or

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

. (a

hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

) (16) *the murder was committed during the committing of a robbery;

kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...

;

rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...

;

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...

; performance of a lewd or lascivious act upon the person of a child under the age of 14 years;

oral copulation Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex per ...

;

burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...

;

arson Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...

; train wrecking;

mayhem Mayhem most commonly refers to: * Mayhem (crime), a type of crime Mayhem may also refer to: People * Monica Mayhem (born 1978), Australian pornographic actress * Jason "Mayhem" Miller, American mixed martial arts fighter * Mayhem Miller (dra ...

; rape by instrument;

carjacking Carjacking is a robbery in which the item taken over is a motor vehicle.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is ...

;

torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...

;

poison Poison is a chemical substance that has a detrimental effect to life. The term is used in a wide range of scientific fields and industries, where it is often specifically defined. It may also be applied colloquially or figuratively, with a broa ...

ing (17), *the murder was intentional and involved the infliction of torture (18) *

ing (19) *the murder was committed by discharging a firearm from a motor vehicle (21) *the defendant is an active member of a criminal street

gang A gang is a group or society of associates, friends or members of a family with a defined leadership and internal organization that identifies with or claims control over territory in a community and engages, either individually or collectivel ...

and was to further the activities of the gang (22) In addition, aiding, abetting, counseling, commanding, inducing, soliciting, requesting, or assisting in the commission of a crime enumerated in subdivision (17), with reckless indifference to human life and as a major participant, is murder even if even if the defendant is not the actual killer. Although technically not charged under section 187, the following crimes involving the death of a person may also lead to a death sentence. *

train wreck A train wreck, train collision, train accident or train crash is a type of disaster involving one or more trains. Train wrecks often occur as a result of miscommunication, as when a moving train meets another train on the same track; or an acci ...

ing which leads to a person's death *fatal assault by a person under a life sentence, subject to the

year and a day rule The year and a day rule is associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more than a year and a day before the death. It is elsewhere associated with the minimum sent ...

Penalties

If a person is convicted of capital murder in

, that person may face a sentence of life in prison without the possibility of parole, or the death penalty. A person convicted of first-degree murder will face a sentence of 25 years-to-life in prison, and thus must serve at least 25 years before being eligible for parole. If the murder was committed because of the victim's race, religion, or gender, the convicted will be sentenced to life in prison without the possibility of parole. A person convicted of second-degree murder in California will face a sentence of 15 years-to-life in prison, and thus must serve at least 15 years in prison before being eligible for parole. Punishments are increased if the murder victim was a peace officer, or was killed during a drive-by shooting. If a gun was used during the murder, the punishment will include an additional 10, 20, or 25 years to life prison sentence. Those convicted will also receive a strike on their criminal record, and fines of up to $10,000. They will also have to pay restitution to victims, and will no longer be allowed to own a gun. The United States

reported that in the year 2020, the state had a murder rate near the median for the entire country.

Bail

Under the California Uniform Bail Schedule, the standard

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...

for murder is $750,000.https://www.courts.ca.gov/documents/SP20-08.pdf The standard bail for first-degree murder with special circumstances (that is, circumstances under which the

district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...

is seeking the death penalty) is "NO BAIL".

References

{{Reflist California law

Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

Definition

Degrees

Penalties

Bail

See also

References