Michael Jackson:US & California Law, Questions, Discussion
I have a friend who is a lawyer in LA, with a lot of experience.
We both are members in a discussion group on yahoo, willing to vindicate Michael's image, which after the trial remains heavily burdened. :better:
Here she gave us from California Penal Code the definition for MURDER:
MURDER, FIRST DEGREE
In order for someone to be found guilty of first degree murder the government
must prove that the person killed another person; the person killed the other
person with malice aforethought; and the killing was premeditated. To kill with
malice aforethought means to kill either deliberately and intentionally or
recklessly with extreme disregard for human life. Premeditation means with
planning or deliberation. The amount of time needed for premeditation of a
killing depends on the person and the circumstances. It must be long enough,
after forming the intent to kill, for the killer to have been fully conscious of
the intent and to have considered the killing. First-degree murder in
California includes a killing that is "willful, deliberate, and premeditated,"
or that is committed in the perpetration, or attempt to perpetrate, certain
felonies, including burglary, and not including the petty offense of
shoplifting. Cal. Penal Code S 189.
MURDER, SECOND DEGREE
In order for someone to be found guilty of second degree murder the government
must prove that the person killed another person; the person killed the other
person with malice aforethought; and the killing was premeditated. Note that the
elements are identical with those for 1st degree murder. The practical
difference is the sentences are different. Which crime to charge is usually
entirely up to the prosecutor's discretion.
MANSLAUGHTER, VOLUNTARY
In order for someone to be found guilty of voluntary manslaughter the government
must prove that the person killed another person; the person acted in the heat
of passion; and heat of passion was caused by adequate provocation. Heat of
passion may be provoked by fear, rage, anger or terror. Provocation, in order to
be adequate, must be such as might naturally cause a reasonable person in the
passion of the moment to lose self-control and act on impulse and without
reflection.
MANSLAUGHTER, INVOLUNTARY
In order for a person to be found guilty of involuntary manslaughter the
government must prove that someone was killed as a result of an act by the
person; second, in the circumstances existing at the time, the person's act
either was by its nature dangerous to human life or was done with reckless
disregard for human life; and third, the person either knew that such conduct
was a threat to the lives of others or knew of circumstances that would
reasonably cause the person to foresee that such conduct might be a threat to
the lives of others.
You can see then, can't you, that involuntary manslaughter is the only crime for
which Murray can reasonably be expected to be convicted. "Malice aforethought"
is missing from the circumstances involving Michael Jackson, who agreed to be
injected with propofol and of his own volition took other drugs.
Murray will likely lose his medical license and, hopefully, be convicted of
involuntary manslaughter that carries a maximum penalty of four years.
