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California Penal Code section 187, subdivision (a) defines murder as "the unlawful killing of a human being, or a fetus, with malice aforethought".Subdivision (b) states that subdivision (a) does "not apply to any person who commits an act that results in the death of a fetus if any of the following apply: (1) The act complied with the Therapeutic Abortion Act [citation].
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code. [1]The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.
The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). [1]
Keeler v. Superior Court, Supreme Court of California, 2 Cal. 3d 619 (1970), is a criminal case in which a man who deliberately killed a viable fetus in a woman, was determined not to be guilty of murder because the murder statute was written in 1850 when "human being" meant a person born alive, so there was no fair warning (), there being no common law crimes in California whereby statutory ...
Under Penal Code Section 190.2, “special circumstances”, all murders committed during the commission, attempted commission, or immediate flight of any of the listed felonies also qualify as a special circumstance for the charge of first degree murder with special circumstances.
The widespread distribution of Hollywood motion pictures and television shows has given millions of media consumers worldwide some degree of superficial familiarity with California law. For example, the section numbers of the California Penal Code have become familiar to viewers around the world. Section 187 (murder) [27] is probably the most ...
The strong New York influence on early California law started with the California Practice Act of 1851 (drafted with the help of Stephen Field), which was directly based upon the New York Code of Civil Procedure of 1850 (the Field Code). In turn, it was the California Practice Act that served as the foundation of the California Code of Civil ...
Crimes against the person in California law are contained within Title 8 of Part 1 of the California Penal Code, with Title 8 carrying the title "OF CRIMES AGAINST THE PERSON." This title includes sections 187 through 248 inclusive of the Penal Code. [16]