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Criminal Law Simons, Volume III
Resource 5 . 5 . 2
32 minutes

People v. Knoller

Michael A. Simons

As you read Knoller, consider these questions: 

  1. What crime was Knoller charged with? What is the mens rea for that crime? What is the difference between express malice and implied malice? 
  2. How does the California Supreme Court in Knoller define “implied malice”? Are the definitions in Thomas and Phillips the same or different?
  3. What happened in Knoller? What did Knoller do?
  4. How would you rule if you were on the jury? Do you think Knoller should be convicted of murder or manslaughter? Why?
  5. Do you think extreme recklessness is as "bad" as intent or knowledge? If so, how would you define extreme recklessness? What are the utilitarian and retributive reasons for treating some unintentional killings as murder?

Supreme Court of California
41 Cal. 4th 139
No. S134543
2007-05-31

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