Experienced writer and former federal law enforcement officer who has written many law based apaers recently. See a sample below:
Can someone be charged with second degree murder when the victim of his criminal act refuses a lifesaving blood transfusion because of her religious beliefs? Or is the underlying act itself reason enough to convict on a murder charge? Or is the original act itself enough? Under the California Penal Code, the answer is fairly straightforward.
Under California Penal Code 187 (a) states simply: “Murder is the unlawful killing of a human being,… with malice aforethought.” this on the surface does not seem to apply to this particular case. Mr. Birch’s action, although reckless, do not rise to the level or murder under the reading of the penal code. Prosecutors have, from time to time, attempted, with varying levels of success, tried to charge individuals with multiple DUI convictions with murder. More often than not the legal gymnastics required to do so are usually deemed not worth the resources needed.