Reckless/Negligence Flashcards
Depraved heart can be punished as ___ while unintentional killings from gross negligence or reckless behavior are only __
second degree murder, involuntary manslaughter
Elements of recklessness
(1) awareness of risk (2) proof of substantial risk (3) proof risk of harm under circumstances unjustifiable
Malone facts
Russian Roulette, third trigger gun fired and killed friend. D says “didn’t expect gun to go off”
Malone holding
second degree murder. D acted with reckless and wanton disregard for the consequences
Malone defines malice as when individual commits an act of ___
gross negligence for which he must reasonably anticipate that death to another likely to result
Malone points out that at common law, malice didn’t necessarily require ___
intent to harm specific individual but “any evil design in general”
why is risk in Malone unjustifiable
can’t consent to be killed
What if Malone gun had 100 chambers instead of six
seems not substantial risk but seems unjustifiable (but need both)
Why are activities like football/boxing justifiable?
see some value in activities unlike Russian Roulette in Malone
Depraved heart murder is a type of ___
unintentional killing rising to second degree murder, doesn’t require motive to kill
For depraved heart, “gross” is a ___
jury Q, no percentage of risk cut off
examples of depraved heart
firing gun into crowd, driving car into crowd, firing gun at vital part of body
Champlain facts
In trying to shoot down victim’s door, shot the victim. Had originally said I am going to kill you but disclaimed after arrest. Claimed didn’t know she was behind the door
Champlain holding
Court erred in refusing to instruct jury on reckless homicide, voluntary manslaughter and involuntary manslaughter –> evidentiary dispute about mens rea so new trial
Prindle facts
After stealing some snow ploes, P drove erratically in attempt to evade police. He crashed and passenger of other car died
Prindle holding
Reckless driving due to police chase resulting in innocent person’s death doesn’t amount to depraved heart, only reckless manslaughter.
Prindle says that depraved indifference must be so imminently dangerous and so wanton/deficient and devoid of regard for human life to ___
equal blameworthiness for intentional conduct that would produce the same result
Whitaker facts
Truck driver speeding 5mph over and didn’t notice car in front of him braking. He hit the car and killed the other driver
Whitaker holding
For reckless homicide, he must be aware he is being reckless and that there is a risk he may kill the other person but still chooses to engage in the act
Whitaker reasoning
slight deviations from traffic code don’t demonstrate “conscious disregard” and not stark enough departure from driving standards
Unlike other mens rea which focused on what the accused ___, negligence turns on what ___
actually aimed for or realized, he should have realized
difference between reckless and negligent state of mind
whether aware of risk and chose to disregard
elements of negligence
(1) notice of risk (must be so readily apparent can be punished for failing to heed)
(2) degree of risk substantial
(3) lack of justification for the risk
Welansky facts
Operated large night club and controlled every aspect of operations. While hospitalized, fire broke out killing hundreds. Multiple exits to the club were locked and dead bodies found behind those doors
