23. Second Degree Murder

Question 1

People v. Roe

Answer 1

• 2 boys at D’s house (15 yo), he’s interested in guns, showed them father’s shotgun, loaded a mix of live and dummy shells, pointed it at victim and asked who wanted to play Polish roulette, gun discharged, live round into his chest (died)
• Recklessness charge can get catapulted from manslaughter to murder when conduct is imminently dangerous and creates a grave risk of death
• Jury first has subjective inquiry to find that he was reckless (consciously aware of risk of death). Then goes into objective assessment – look at conduct and ask if it is imminently dangerous and poses a grave risk of death
• Roulette does create an imminent risk of danger and grave risk of death
• Dissent: Wants to look at depravity of the mind, must manifest level of callousness and extreme cruelty as to be equal in blameworthiness to intentional murder

Question 2

MPC

Answer 2

it is murder if a homicide is committed recklessly under circumstances manifesting extreme indifference to the value of human life

Question 3

Northington v. State

Answer 3

• Mother convicted of murder for allowing 5 month old daughter to starve to death
• Reversed conviction because she didn’t display extreme indifference to human life generally, she was indifferent to a particular person instead