Also known as: abandoned & malignant heart · depraved heart · depraved-heart malice
Written by attorneys · grounded in primary & secondary sources — see below
A form of implied malice consisting of reckless indifference to an unjustifiably high risk to human life. This mental state supports a murder conviction when the defendant's conduct creates a degree of danger exceeding that required for involuntary manslaughter.
Albert Allen captained a cargo ship and ordered hazardous chemical drums lashed to the open deck despite a severe storm forecast. He knew the chemicals could explode in rough conditions yet refused to reroute. When the storm hit, drums broke loose and exploded, killing a deckhand. Allen's choice to expose the crew to that level of danger reflected reckless indifference to an unjustifiably high risk to human life.
Amelia Amari managed a bus line and knew driver Andrew Avery had already worked sixteen hours and was nodding off. Despite his protests that he was too tired to drive safely, she ordered him onto an overnight route. Avery fell asleep and struck a pedestrian. Amari's decision knowingly created an extreme danger that the driver would cause a fatal crash.
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Austin Abbott managed a hotel and knew the rooftop pool had a low railing and no lifeguard. He hosted late-night open-bar parties there to attract guests. A heavily intoxicated patron leaned over the edge, fell several stories, and died. Abbott's choice to run the events without added safeguards showed reckless indifference to an unjustifiably high risk to life.
Audrey Ashton managed a hotel and disabled the carbon monoxide detectors in the indoor pool area to stop nuisance alarms. She knew the pool shared ventilation with guest rooms and that the detectors warned of lethal gas buildup. A leak allowed gas to fill a room and kill a sleeping guest. Ashton's action knowingly exposed occupants to an extreme and unjustifiable danger of death.
Abandoned and malignant heart murder requires reckless indifference to an unjustifiably high risk to human life. Involuntary manslaughter involves a lesser though still criminally culpable level of risk created by criminal negligence or recklessness.
Supporting sources
It supplies implied malice. The defendant need not intend to kill or cause great bodily injury. Reckless indifference to an extreme risk to life is enough to establish the malice element.
Supporting sources
Yes. The mental state is satisfied by conduct that knowingly creates an unjustifiably high risk of death even when the defendant never formed a purpose to kill.
Supporting sources
…proof. Malice shall be implied where no considerable provocation appears, and where all the circumstances of the killing show an abandoned and malignant heart. "(b) A person also commits the crime of murder when in the commission of a felony he causes the death of another human being, irrespective of malice. "(c) A person convicted of murder…