Although we are now well past the seventh decade of the 20th
Century, there may still be some instruction in reflecting on the long-range
predictions about the 1980s made by a leading light of English letters. Everybody
knows George Orwell’s pessimistic vision 35 years in advance of 1984. Anthony Trollope’s 1880 imaginings a century
into the future are familiar to at best a thousandth as many. Trollope was, however, a widely published
and sometimes celebrated literary figure. There are more than twenty pages of
mostly Trollope works on Amazon.
Monday, November 6, 2017
Sunday, November 5, 2017
Proving Abandoned and Malignant Heart Murder: The Zarate Case
The gunshot death of Kathryn Steinle on San Francisco’s Pier
14 in July, 2015, became a chief exhibit in Candidate Trump’s “bad hombre”
attacks against sanctuary cities. The claim that San Francisco would be a safer
place were it not a sanctuary city is almost certainly wrong as is the claim
that unlawful immigrants have a higher percentage of bad hombres than the
general population. I will not, however, further discuss those well discussed issues.
My focus will be on the murder trial now under way and in
particular on proof of the element of “malice aforethought” for second degree
murder in California. (The charge is not first degree murder because it is not
alleged that it met any of the special requirements of that offense “. . . a
weapon of mass destruction, . . . poison, . . . torture, . . . arson, rape, carjacking, …” California
Penal Code Sec. 189.) The question in my mind is whether there is any way that
the prosecution can prove second degree murder beyond a reasonable doubt and whether this
offense should even have been charged.
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