Quote:
Originally Posted by HungLikeJesus
Depraved heart murder?
|
Depraved-heart murder, also known as depraved-indifference murder, is an American legal term for an action that demonstrates a "callous disregard for human life" and results in death. In most states, depraved heart killings constitute second-degree murder.[1]
If no death results, such acts would generally be defined as reckless endangerment and possibly other crimes, such as assault.
[edit]Common law background
The common law punishes unintentional homicide as murder if the defendant commits an act of gross recklessness. A classic example of depraved-heart murder under the common law is in the case Commonwealth v. Malone, where the court affirmed the second-degree murder conviction of a teenager for a death arising from a game of Russian roulette.[2]
[edit]Under the Model Penal Code
Depraved-heart murder is recognized in the Model Penal Code § 210.2(1)(b).[3] The Model Penal Code considers unintentional killing to constitute murder when the conduct of the defendant manifests "extreme indifference to the value of human life".