The War On Imputed Malice

The unintended consequences of so-called Criminal Justice Reform

Malice is a significant legal concept that underpins murder laws in California. It manifests itself in multiple forms. Express malice is a clear, unambiguous intent to kill. Implied malice is the opposite: the defendant may have had no intent to kill, but the nature of his behavior consciously disregards a risk to human life so grave that the law must h…