The Office of the District Attorneys (OCDA) Homicide Unit is responsible for the prosecution of murders under Penal Code section 187, as well as manslaughter under Penal Code section 192.
Murder is divided into two degrees. First degree murder is where a human being is intentionally killed and the defendant premeditated and deliberated the killing. It is also found when a killing (intentional, unintentional, or accidental) is committed during the commission of certain serious felonies such as robbery, burglary, or rape.
A first degree murder committed during the commission of these same serious felonies such as robbery, burglary or rape is also eligible for the death penalty where the District Attorney elects to seek it. Many factors concerning the crime and the defendant are considered before a decision to seek the death penalty is made.
At the OCDA, before the death penalty is pursued, a special circumstances committee will meet and confer. The committee consists of the District Attorney, the Senior Assistant and the Assistant in charge of the Homicide Unit and other prosecutors experienced in capital cases. The committee will discuss the defendants record, the nature of the crime, and the vulnerability of the victim among other factors. The committee would also consider mitigating circumstances from the defense attorney. The final decision to pursue the death penalty rests on the District Attorney.
Second degree murder is an intentional killing without premeditation or deliberation. It also occurs where a defendant perpetrates an intentional act that results in death and the defendant harbored a conscious disregard for human life.
Manslaughter is an intentional killing where the defendant acts upon a heat of passion so pervasive that an ordinary and reasonable person would have acted in the same or similar circumstances.
Vehicular manslaughter is found in situations where another human being is killed while driving. Sometimes a killing is considered a second degree murder where the defendant drives with more than simple or gross negligence and the defendant drives with a conscious disregard for human life that results in the death of another.
