Reckless/Negligence

Question 1

Depraved heart can be punished as ___ while unintentional killings from gross negligence or reckless behavior are only __

Answer 1

second degree murder, involuntary manslaughter

Question 2

Elements of recklessness

Answer 2

(1) awareness of risk (2) proof of substantial risk (3) proof risk of harm under circumstances unjustifiable

Question 3

Malone facts

Answer 3

Russian Roulette, third trigger gun fired and killed friend. D says “didn’t expect gun to go off”

Question 4

Malone holding

Answer 4

second degree murder. D acted with reckless and wanton disregard for the consequences

Question 5

Malone defines malice as when individual commits an act of ___

Answer 5

gross negligence for which he must reasonably anticipate that death to another likely to result

Question 6

Malone points out that at common law, malice didn’t necessarily require ___

Answer 6

intent to harm specific individual but “any evil design in general”

Question 7

why is risk in Malone unjustifiable

Answer 7

can’t consent to be killed

Question 8

What if Malone gun had 100 chambers instead of six

Answer 8

seems not substantial risk but seems unjustifiable (but need both)

Question 9

Why are activities like football/boxing justifiable?

Answer 9

see some value in activities unlike Russian Roulette in Malone

Question 10

Depraved heart murder is a type of ___

Answer 10

unintentional killing rising to second degree murder, doesn’t require motive to kill

Question 11

For depraved heart, “gross” is a ___

Answer 11

jury Q, no percentage of risk cut off

Question 12

examples of depraved heart

Answer 12

firing gun into crowd, driving car into crowd, firing gun at vital part of body

Question 13

Champlain facts

Answer 13

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

Question 14

Champlain holding

Answer 14

Court erred in refusing to instruct jury on reckless homicide, voluntary manslaughter and involuntary manslaughter –> evidentiary dispute about mens rea so new trial

Question 15

Prindle facts

Answer 15

After stealing some snow ploes, P drove erratically in attempt to evade police. He crashed and passenger of other car died

Question 16

Prindle holding

Answer 16

Reckless driving due to police chase resulting in innocent person’s death doesn’t amount to depraved heart, only reckless manslaughter.

Question 17

Prindle says that depraved indifference must be so imminently dangerous and so wanton/deficient and devoid of regard for human life to ___

Answer 17

equal blameworthiness for intentional conduct that would produce the same result

Question 18

Whitaker facts

Answer 18

Truck driver speeding 5mph over and didn’t notice car in front of him braking. He hit the car and killed the other driver

Question 19

Whitaker holding

Answer 19

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

Question 20

Whitaker reasoning

Answer 20

slight deviations from traffic code don’t demonstrate “conscious disregard” and not stark enough departure from driving standards

Question 21

Unlike other mens rea which focused on what the accused ___, negligence turns on what ___

Answer 21

actually aimed for or realized, he should have realized

Question 22

difference between reckless and negligent state of mind

Answer 22

whether aware of risk and chose to disregard

Question 23

elements of negligence

Answer 23

(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

Question 24

Welansky facts

Answer 24

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

Question 25

Welansky holding

Answer 25

Reckless and wanton behavior needed to uphold conviction for involuntary manslaughter

Question 26

Welansky says prosecution not required to prove __, it is sufficient to show that death resulted form __

Answer 26

he caused the fire by some wanton conduct, wanton disregard for safety of the patrons

Question 27

Generally wanton or reckless conduct consists of an ____ but if there is a duty of care for visitors to business wanton conduct may consist of ___

Answer 27

affirmative act committed in disregard, intentional failure to take reasonable measures to protect those visitors from probable harmful consequences

Question 28

Welansky need not subjectively ____ but must be subjectively aware of ___

Answer 28

foresee the deadly consequences, conditions that would cause a reasonable person to foresee a high likelihood of deadly consequences

Question 29

Lee thinks that Welansky ___

Answer 29

collapses negligence/recklessness

Question 30

Lee thinks that Welansky definiton may be ____ and that Regina says ___

Answer 30

too expansive, line is aware vs. unaware

Question 31

Lee problems with Welansky

Answer 31

(1) similar test to IIED so not very satisfying
(2) choosing to run risk without perceiving risk doesn’t seem evil
(3) too expansive of definition
(4) even though trying to send a message, crim law supposed to have constraints (Morisette – must see the evil)

Question 32

Whitfield facts

Answer 32

D left child in van and slept all day, child died from overheating. Convicted of involuntary manslaughter and felony child neglect, both require criminal negligence

Question 33

Whitfield holding

Answer 33

D displayed inexcusable pattern of reckless indifference which made it not improbable child would suffer injury or death

Question 34

Murder hierarchy

Answer 34

(1) intentional killing
(2) intent to inflict serious bodily harm which leads to death
(3) recklessness with extreme indifference/depraved heart

Question 35

Manslaughter hierarchy

Answer 35

(1) intentional killing + provocation
(2) recklessness
(3) criminal negligence