DUI Murder
In the last few years, the California Supreme Court has authorized prosecutors to file murder charges on some DUI cases that result in the death of a person. These cases are called "Watson murders." This murder charge is second-degree murder and is punishable by 15 years to life in prison.
In order for the prosecution to prove this case, it must prove that the Los Angeles or Southern California DUI driver committed "an act, the natural consequences of which are dangerous to life, which was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life."
Watson murders are rarely charged, and charged in only the most egregious of circumstances. Most cases are
when a person has several DUI priors, has participated in the alcohol awareness education classes, and then, while driving under the influence of alcohol or drugs, kills another person.
In order for the prosecution to be successful in proving a murder case, it must be able to show that the
driver understood the risks inherent in driving under the influence and then choose to ignore those risks and drive in a dangerous manner. (nota: molto simile come dicevo al dolo eventuale : l'
accettazione del rischio, anche nella successiva definizione)
This is also
called "implied malice" murder. In this type of murder case, the prosecutor must show that the driver had the required mental state of a clear understanding of the risks and dangers of driving under the influence, and that, knowing those risks, still choose to drive a motor vehicle--resulting in the death of another person or people.(nota: stessa difficolta' che vi e' in italia l'accusa ha il compito non facile di dimostrare lo stato mentale del soggetto e che era a conoscenza dei rischi e nonostante tutto accetta il rischio/dolo eventuale di poter commettere omicidio)
Prosecutors now make this "knowledge" requirement easier by having every person convicted of a DUI sign a statement that they understand that if they drink and drive and a person is killed as a result of their actions, they could be charged with murder. This is called the Watson advisement.