ADMJ 103 Lecture Notes - Lecture 16: Depraved-Heart Murder, Prisa, Criminal Negligence
21 Aug 2020
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Drawing the line between murder and manslaughter. Defendant shows extreme indifference to human life. And awareness of either risks of the conduct. Or that the conduct is contrary to law. Yet more colorful phrases under common law. Utter callousness toward the value of human life and complete and total indifference as to whether one"s conduct will create the requisite risk of death of another. It"s a jury questionunless the judge decides there isn"t sufficient evidence to give it to the jury in the first instance. Attorneys owned prisa canarios that attacked and killed their neighbor. Implied malice circumstances attending the killing show an abandoned and malignant heart . Abandoned and malignant heart requires the state to prove defendant"s awareness of the risk of death to another not merely the risk of great bodily injury. Intent to inflict serious bodily injury can be adequate mens rea for murder.
