Unjustified risk taking: depraved heart (extreme recklessness) murder. People v. moore: moore was speeding in his car, hit someone, and didn"t stop because he wanted to go home and watch tv. He continued to speed and switch lanes and eventually was pulled over: did moore demonstrate a depraved and malignant heart, yes. Moreover, he did not stop even though he knew the person was probably dead. Criminal homicide constitutes murder when: it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Criminal homicide constitutes manslaughter when: a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse. The child died and defendants were charged and convicted of manslaughter. The basis of the conviction was ordinary negligence. However, there is a time when there is a duty to act.