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The Art Of Malice, Bruce A. Antkowiak

Bruce A Antkowiak

Synopsis: The Art of Malice The Art of Malice seeks to synthesize history, poetry, psychology and the law of murder to expose a serious and fundamental error in the criminal justice system. This error occurs in the most serious kind of case (criminal homicide) and at the critical moment of that case when the jury looks to the judge to advise them on the law they must apply. At that moment, they are misled into believing that they may infer the wonderfully complex concept of malice from the mere fact that the killer used a deadly weapon to commit the …

The Art Of Malice, Bruce A. Antkowiak

Bruce A Antkowiak

The Art of Malice seeks to synthesize history, poetry, psychology and the law of murder to expose a serious and fundamental error in the criminal justice system. This error occurs in the most serious kind of case (criminal homicide) and at the critical moment of that case when the jury looks to the judge to advise them on the law they must apply. At that moment, they are misled into believing that they may infer the wonderfully complex concept of malice from the mere fact that the killer used a deadly weapon to commit the crime. This instruction betrays the …

California's Three Tiered Approach To Temper The Injustice Of The Unlawful Act Involuntary Manslaughter Rule, George L. Mertens

George L Mertens

This article addresses California’s “Unlawful Act Involuntary Manslaughter Rule” which is also referred to as the “misdemeanor manslaughter rule.” On its face, like the analogous felony-murder rule, this law can be applied in a brutally unjust manner. Indeed, this law is worse than the felony-murder rule in that the statute does not enumerate specific predicate acts. On its face, the law could apply to any violation of a misdemeanor or infraction which results in death. Judicially, the law had undergone significant limitations over time with the most significant coming in the last decade.

This article is timely and important for …