Focus (Forum & Focus)
Jun. 20, 2007
Redefining Implied Malice
Focus Column - By Phillip A. Rafferty - A new California Supreme Court ruling fundamentally alters the standards for second-degree murder.
By Phillip A. Rafferty
Uvntil People v. Knoeller, 2007 DJDAR 7781 (Cal. May 31, 2007), it was settled law that the two alternative definitions of the "objective" component of the implied-malice element of second-degree murder were synonymous. These two definitions were as follows: (1) the defendant's act or course of conduct carried a "high degree of probability of [causing the] death of another" and (2) th...
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