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Criminal Law

: DUI Blog

The Education of a Prosecutor

By Lawrence Taylor

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Q. I wish I could get this drunk driver for murder, not just vehicular manslaughter. A. You're the prosecutor: You can charge him with anything you want. Q. But how would I prove the mental state for murder: malice?  I mean, that requires malice. A.  But the law says you can imply malice. Q. OK, but imply it from what? A. "It is implied when…the circumstances attending the killing show an abandoned and malignant heart". [Calif. Penal Code sec. 188] Q. Yeah, but what the heck is "an abandoned and malignant heart"? A. Our Supreme Court says it's when someone "does an act with a high probability that it will result in death and does it with a base anti-social motive and a basic disregard for human life"...continue to full post

Full post as published by DUI Blog on August 14, 2010 (boomark / email).

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