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Unintentional Killing

Terms in this set (7)

Types of unintentional killings
Unintentional Killings
Murder Extremely reckless/Depraved Heart killing
Involun. Mans. (ANALYZE BOTH) - difference between reckless and gross neg = should have known Reckless killing Sometimes grossly negligent killing (simple negligence not enough majority)
Negl. Homicide Grossly negligent homicide
Subst/Unjustifiable Risk
To determine whether a risk is substantial, the court must consider both the probability that the harm will occur and the magnitude of the potential harm.
A risk may be substantial even if the magnitude of the harm is low or lower than 50%.
Whether a risk is unjustifiable is determined by weighing the nature and purpose of the actor's conduct against the risk created by that conduct.
A substantial and unjustifiable risk is one that is a gross deviation from the reasonable standard of care.
Conscious Disregard (conscious indifference)
A person acts in conscious disregard of the risk created by her conduct when she is aware of the risk and chooses to act despite that risk. The actor does not have to intend the result to be practically certain that the result will occur, he only needs to be aware that the risk exists. There must be a subjective showing that the person consciously disregarded the risk.
A trier of fact may also infer a person's subjective awareness of a risk from the particular facts of a case, including the person's particular knowledge or expertise.
Inferences may be made of what the actor should have known.
· Gross Deviation from the Standard of Care of a reasonable Person
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Depraved Heart (CL) v Extreme Recklessness (MPC)
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Depraved Heart Murder
- rooted in common law
- implied malice (2nd degree)
- calloused indifference to show person had a malignant heart or abandoned heart
-killing with an abandoned or malignant heart, a heart void of social duty and fatally bent upon mischief
Extreme Reckless Murder (MPC)
MPC uses more analytical and less emotional language to define depraved heart murder
= extreme recklessness + extreme indifference to the value of human life
*Lower social utility + greater risk of death (more likely depraved heart murder)
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