Final answer:
To be convicted of 2nd Degree Murder under implied malice, it must be proved that the defendant acted with a conscious disregard for human life. This does not require specific intent to kill but includes reckless actions that are highly likely to result in death or serious injury, which is different from acting in self-defense.
Step-by-step explanation:
The coorect option : c
To be convicted of 2nd Degree Murder on the theory of implied malice. The defendant acted with a conscious disregard for human life. This means that the defendant did not necessarily have a specific intent to kill (which is often associated with 1st Degree Murder), but their actions were so reckless that they demonstrate a disregard for the safety of others. For example, shooting a gun into a crowded room without targeting anyone in particular could be considered acting with implied malice.
Key factors in a trial for 2nd Degree Murder include the standard of proof, which must be beyond a reasonable doubt, and the distinction that even if the defendant did not have a direct intention to kill, their actions had a high chance of resulting in death or serious injury. This differs from self-defense, where a defendant would not be convicted if his actions were a necessary response to an immediate threat to his own life. The case law, such as Enmund v. Florida and Ford v. Wainwright, helps to delineate the boundaries of criminal liability and the penalties that can be imposed.