What are the elements of second degree murder, voluntary manslaughter and involuntary manslaughter?
California, United States of America
The following excerpt is from People v. Wilson, B267501 (Cal. App. 2017):
Second degree murder, voluntary manslaughter, and involuntary manslaughter are lesser included offenses of first degree murder.2 (People v. Campbell (2015) 233 Cal.App.4th 148, 160.) As is relevant here, second degree murder is unpremeditated murder committed with express or implied malice. Express malice exists when the defendant intends to kill, and malice will be implied when a killing results from an act involving a high probability of death with a wanton disregard for human life. (See People v. Soto (2016) 248 Cal.App.4th 884, 895.)
Defendants contend there was substantial evidence supporting the lesser charge of second degree murder, based on a
Page 9
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
