More California Watson Murder Overview information
Watson Murder Prosecution
In order to convict you of a “Watson Murder,” the prosecutor must prove that:
- You indeed were driving under the influence; AND
- A death of a human being resulted from your intentional act;
- The natural consequences of that act was dangerous to human life; AND
- You acted with a conscious disregard for human life.
Additional Notes:
- For a second degree murder conviction, it is not necessary to show any premeditated intent to kill a person.
- A murder conviction requires proof of “malice aforethought,” which can be expressed or implied.
- A Watson Murder hinges on proof of implied malice on your part.
- “Implied malice” involves deliberately acting with a conscious disregard for the safety of human life.
- An act causes death if the death is the direct, natural, and probable consequence of the act and the death would not have happened without the act. A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.
- There may be more than one cause of death. An act causes death only if it is a substantial factor in causing the death. A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that causes the death.
