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The whole point of depraved heart murder is to put intent aside and refer back to mere actions. I can already read the statement of the swatter claiming his int
by revelation 9y ago
The whole point of depraved heart murder is to put intent aside and refer back to mere actions. I can already read the statement of the swatter claiming his intent was to pull a prank on a loose friend. Follow the reasoning in Maldonado and you are not getting anywhere near depraved heart murder.
- tptacek 9y agoNo, that's not the point of depraved heart murder. It's a culpable state-of-mind standard that requires the prosecution to prove that the defendant acted with "utter disregard" for human life. The predicates are (1) a set of reckless actions that were likely to put lives at risk and (2) a total indifference, unmitigated by any actions whatsover to prevent harm, to the prospect of causing harm. Read the case you just cited. It overturns a depraved indifference conviction and so goes deep into the details on this.