ADMJ 103 Lecture Notes - Lecture 15: Negligent Homicide, California Penal Code, Homicide
22 Dec 2020
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Picked up the murderous winchester with dark projects in mind . Started looking for them all over the farm. Didn"t know they were dead; wasn"t sure what he was shooting at . Fled the scene; did not try to save. As with intentional homicides, there are important murder/manslaughter lines to be drawn. Unintentional killings are also divided as more serious and less serious . Look at the sliding scale from murder to negligent homicide. An awful lot of what goes on has to do with prosecutorial discretion. Unlawful killing of a human being with malice aforethought (unlawful killing) no justification no excuse implied causation cause death. At preliminary hearing need strong suspicion to go forward. (california is weird!) * implied circs show abandoned/malignant heart (human being) (w/malice aforethought) Growing mj, aware of children, not enclosed fence, exceptionally aggressive dog, If you"re charged with murder, the consequence was death . Okay, look at note 2 on p. 290 .
