The Ethics Of The California Penal Code Essay

Better Essays
California Penal Code; 187 is very well known, refers to murder. Murder is defined as the unlawful killing of a human being, or a fetus, with malice aforethought. Indeed, we the people like to question every law to know the punishment. Murder has different levels accompanied with different scenarios. Throughout this paper, I will be discussing and analyzing the following: degrees of murder, Felony Murder Rule, and manslaughter. In the United States the degrees of murder were created by legislatures. Pennsylvania was the first state to depart from common law in 1794, that divided murder into first and second degree. (Samaha, pp333). The elements of common law murder are: actus reus voluntary act of killing another person, mens rea express or implied malice aforethought, circumstances 1. victim reasonable person or human being and 2. all person except alien enemy in times of war, all lead to the harm (Samaha, 2015). The elements of modern law are actus reus, mens rea, causation, death, and attendant circumstances if any. First-degree murder is the only crime in which the death penalty can be imposed, consisting of premeditated, deliberate intent to kill murders, and felony murders. First-degree has to be willfully committed meaning the intent to kill, purposely, knowingly, and at common law a specific intent. In this degree atrocious means wicked, cruel, or brutal and heinous means hateful. They are important terms that help define the punishment. First-degree murder
Get Access