Depraved-heart murder
In United States law, depraved-heart murder, also known as depraved-indifference murder or extreme indifference murder, is a type of murder where an individual acts with a "depraved indifference" to human life and where such acts result in a death, despite that individual not explicitly intending to kill. In a depraved-heart murder, defendants commit an act even though they know their act runs an unusually high risk of causing death or serious bodily harm to a person. If the risk of death or bodily harm is great enough, ignoring it demonstrates a "depraved indifference" to human life and the resulting death is considered to have been committed with malice aforethought. In some states, depraved-heart killings constitute second-degree murder, while in others, the act would be charged with "wanton murder", varying degrees of manslaughter, or third-degree murder.
If no death results, such an act would generally constitute reckless endangerment and possibly other crimes, such as assault.
Common law background
It is the form that establishes that the wilful doing of a dangerous and reckless act with wanton indifference to the consequences and perils involved is just as blameworthy, and just as worthy of punishment, when the harmful result ensues as is the express intent to kill itself. This highly blameworthy state of mind is not one of mere negligence... It is not merely one even of gross criminal negligence... It involves rather the deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not. The common law treats such a state of mind as just as blameworthy, just as anti-social and, therefore, just as truly murderous as the specific intents to kill and to harm.
The common law punishes unintentional homicide as murder if the defendant commits an act of gross recklessness. A classic example of depraved-heart murder under the common law is in the case Commonwealth v. Malone, a Pennsylvania case in which the court affirmed the second-degree murder conviction of a teenager for a death arising from a game of modified Russian roulette in which each player pointed and fired the gun at the other, eventually resulting in the death of one of them.
Under the Model Penal Code
Depraved-heart murder is recognized in the Model Penal Code § 210.2. The Model Penal Code considers unintentional killing to constitute murder when the conduct of the defendant manifests "extreme indifference to the value of human life".International equivalents
Canada
The Canadian Criminal Code categorises murder as first- and second-degree for sentencing purposes. However, the Supreme Court of Canada held that murder requires, at minimum, subjective knowledge that death is a likely consequence of the defendant's actions.Section 229 of the Canadian Criminal Code is most closely analogous to depraved-heart murder, applying where the defendant intended to cause bodily harm to the deceased that he subjectively knew was likely to cause death, and was reckless as to the risk of death.
England and Wales
is not classified into degrees in England and Wales, unlike in Canada, but sentences are more severe in cases where there are more aggravating than mitigating factors. Murder requires intent to kill or cause grievous bodily harm; recklessness as to harm will not suffice. In a case where death results from recklessness, the defendant can be found guilty of manslaughter.Germany
A similar concept is, also called dolus eventualis or bedingter Vorsatz. Under this concept, a court can treat the result of a criminal act as intentional if the defendant did not explicitly intend this result, but realized it was not unlikely and knowingly accepted this risk.While Eventualvorsatz can apply to any crime, it is usually only applied in cases involving bodily harm or murder. Typical cases where courts recognized Eventualvorsatz include setting fire to an inhabited house and reckless speeding in an urban area.