Murder is considered to be the unlawful killing of another human being with malice aforethought and no lawful justification. In other words, the death of another human being is considered to be murder when the person who did the killing did so with the intent to kill, fully conscious of what was going on and choosing to continue.
There are many things that can go into determining whether or not a murder was committed. Without a confession, it is very difficult to prove whether or not an individual is responsible for the death of another person. It is for this reason that many cases end up going to trial.
Not every individual who kills another is considered a murderer as there are mitigating circumstances that provide legitimate excuses for the death. This includes self-defense, insanity, and unintentional death. These factors add another layer of complexity to the issue of murder.
A person accused of committing murder could argue that he was acting in the self-defense. Self-defense if proven is a legitimate legal justification for killing another individual. In order for the act to be considered in this way, it must be shown that killing the person was the only way to resolve a situation that would have endangered the life of himself and/or many people in close proximity.
Insanity is another argument that sometimes provides adequate legal justification. This is even more difficult to prove, as it must be demonstrated that the individual who did the killing had an inability to determine the difference between right and wrong.
Murder is a very serious crime. However, there are many different circumstances under which murder is actually self-defense or an unintentional death.
Contact a San Jose Criminal Defense Attorney
If you have been accused of murder, call the San Jose criminal law defense attorneys of the Dan Jensen law firm at (408) 296-4100 for more information about the legal process and how you and your family can get help.