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, definiti ...

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...

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 so ...

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

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 United States, American state of California. It was origin ...

. The United States

Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...

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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

" 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 law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requ ...

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: *

Armor-piercing ammunition Armour-piercing ammunition (AP) is a type of projectile designed to penetrate armour protection, most often including naval armour, body armour, and vehicle armour. The first, major application of armour-piercing projectiles was to defeat the t ...

Poison A poison is any chemical substance that is harmful or lethal to living organisms. 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 figurati ...

Lying in wait A lie is an assertion that is believed to be false, typically used with the purpose of deceiving or misleading someone. The practice of communicating lies is called lying. A person who communicates a lie may be termed a liar. Lies can be int ...

Torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...

* 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 des ...

* Any other kind of willful, deliberate, and

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

killing * 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 *

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 perpetrators to quickly strike their targets and flee the scene before l ...

, where the intent is to kill a person ;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 and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

may be imposed upon conviction. (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.) The circumstances which allow for the death penalty 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 exp ...

(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 question ...

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

peace officer A law enforcement officer (LEO), or police officer or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, ...

; federal law enforcement officer or agent; or

firefighter A firefighter (or fire fighter or fireman) is a first responder trained in specific emergency response such as firefighting, primarily to control and extinguish fires and respond to emergencies such as hazardous material incidents, medical in ...

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

witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...

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 adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...

or assistant prosecutor;

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

or former judge; elected or appointed official;

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

; 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 intentional infliction of suffering or the 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 involv ...

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

religion Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...

nationality Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture. In international law, n ...

, or

sexual orientation Sexual orientation is an enduring personal pattern of romantic attraction 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. Patterns ar ...

. (a

hate crime Hate crime (also known as bias crime) in criminal law involves a standard offence (such as an assault, murder) with an added element of bias against a victim (individual or group of individuals) because of their physical appearance or perceived ...

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

kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...

;

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

;

sodomy Sodomy (), also called buggery in British English, principally refers to either anal sex (but occasionally also oral sex) between people, or any Human sexual activity, sexual activity between a human and another animal (Zoophilia, bestiality). I ...

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

burglary Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually ...

;

arson Arson is the act 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, watercr ...

; 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 (dr ...

; rape by instrument;

carjacking Carjacking is a robbery in which a motor vehicle is taken over.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 usually i ...

;

torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...

;

poison A poison is any chemical substance that is harmful or lethal to living organisms. 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 figurati ...

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 social group, group or secret society, society of associates, friends, or members of a family with a defined leadership and internal organization that identifies with or claims control over Wiktionary:territory#Noun, territory in a ...

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 accident or train wreck 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, when the wheels of train come off the ...

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.

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. A summary of the penalties for California's homicide offenses is listed below.

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. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...

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, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...

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

References

{{Murder in the United States by jurisdiction California law

Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

Definition

Degrees

Penalties

Bail

See also

References