What constitutes murder under California Penal Code 187?

Murder under California Penal Code 187 is defined as the unlawful killing of a human being or fetus with malice aforethought. This definition is key because it emphasizes two critical components: the act must be unlawful and it must involve malice aforethought, which indicates a deliberate intention to cause death or serious harm. Malice aforethought can manifest in various ways, including intent to kill, intent to inflict great bodily injury, or a willful disregard for human life.

This nuanced understanding is essential for legal identification and prosecution of the crime of murder. It distinguishes murder from other forms of homicide which may not involve malice, such as manslaughter or justified killing, which do not meet the full criteria outlined in Penal Code 187. The focus on malice aforethought ensures that only those who have a clear intent to kill or show extreme indifference to life can be charged with murder, thus upholding the legal standards for this serious offense.