Federal law isn’t really at issue - murder in California is the unlawful killing of a person with malice aforethought (Penal Code 187) - implied malice is a theory that that the prosecution can use to prove malice aforethought if the actor intentionally did a knowingly dangerous act while disregarding the extreme risk it posed - the issue in the article about what batch of pills the drugs came from doesn’t concern the malice element - it’s a causation argument that the actor didn’t cause the death even if they acted recklessly because the drugs that caused the death were from a different source
federal law in this case is irrelevant except for those provisions in the bill of rights that provide due process and protect the accused against unconstitutional executive (police and prosecutor) actions
You’re right. I was trying to give a short, simple explanation of what implied malice meant and should have cited the California Code instead. Our DA doesn’t talk to the press — I am looking for a knowledgable attorney who can explain the theory behind bringing murder charges against a dealers dealer. Do you know know anyone ';-). My understanding is the California does not have a law that specifically allows the DA to charge a fentanyl dealer with murder.
Federal law isn’t really at issue - murder in California is the unlawful killing of a person with malice aforethought (Penal Code 187) - implied malice is a theory that that the prosecution can use to prove malice aforethought if the actor intentionally did a knowingly dangerous act while disregarding the extreme risk it posed - the issue in the article about what batch of pills the drugs came from doesn’t concern the malice element - it’s a causation argument that the actor didn’t cause the death even if they acted recklessly because the drugs that caused the death were from a different source
federal law in this case is irrelevant except for those provisions in the bill of rights that provide due process and protect the accused against unconstitutional executive (police and prosecutor) actions
You’re right. I was trying to give a short, simple explanation of what implied malice meant and should have cited the California Code instead. Our DA doesn’t talk to the press — I am looking for a knowledgable attorney who can explain the theory behind bringing murder charges against a dealers dealer. Do you know know anyone ';-). My understanding is the California does not have a law that specifically allows the DA to charge a fentanyl dealer with murder.