Also known as: extreme indifference to human life · extreme indifference murder · depraved heart · depraved indifference · implied malice
Written by attorneys · grounded in primary & secondary sources — see below
Reckless conduct that creates an unjustifiably high risk of death and reflects conscious disregard for the value of human life. Such conduct supplies implied malice for murder at common law and satisfies the extreme-indifference prong of murder under the Model Penal Code.
Luis drove a crowded city bus and, after arguing with passenger Malik, accelerated straight into a concrete barrier. Malik was killed when thrown through the windshield. The deliberate choice to weaponize the bus against multiple passengers created an extreme and obvious risk of death that Luis consciously disregarded.
Luis, a crew chief, locked coworker Mark inside a small unheated metal shed overnight in subfreezing temperatures after Mark reported safety violations. Mark died of hypothermia. The deliberate confinement exposed Mark to a grave and foreseeable risk of death that Luis disregarded to punish him.
Select any source to read its text and confirm it supports the definition.
Walter and Owen, nurses, conspired to steal diagnostic devices from a locked hospital storage room. To clear their path, Walter injected elderly patient Odell with a large unauthorized dose of sedative, causing respiratory arrest and death while the pair removed the equipment. The injection created an extreme and obvious risk of death that the defendants consciously disregarded.
Bernice, boat captain, seized a metal gaff hook and repeatedly jabbed deckhand Miguel in the thigh and torso while the vessel pitched in rough seas. Miguel died from the wounds. The use of the hook as a weapon against a crew member on an unstable deck created an extreme and obvious risk of death that Bernice consciously disregarded.
Aidan locked junior analyst Alfred in a conference room and struck him repeatedly in the head with a heavy stapler until Alfred lost consciousness. Alfred later died from brain hemorrhage. The sustained targeting of the head with a bludgeon created an extreme and obvious risk of death that Aidan consciously disregarded.
Quentin approved a live forklift stunt for a reality show despite an engineer's written warning that the speeds and lack of barriers created an obvious probability of death. Contestant Louis was struck and killed when a forklift crossed into the running lane. Quentin's decision to proceed for ratings reflected conscious disregard of a known lethal risk.
Extreme indifference requires a conscious disregard of an unjustifiably high risk of death that reflects an abandoned and malignant heart. Ordinary recklessness for manslaughter involves a gross deviation from reasonable care creating a substantial risk, but lacks the heightened indifference that elevates the offense to murder.
Supporting sources
Yes. The mental state is satisfied when the defendant engages in conduct that creates a very high risk of death and proceeds with conscious disregard for human life, as when a driver intentionally crashes a crowded bus into a barrier or a crew chief locks a coworker in freezing conditions overnight.
Supporting sources
Yes. Under Model Penal Code § 210.2(1)(b), recklessness and extreme indifference are presumed when the actor is engaged in or is an accomplice to robbery, rape, arson, burglary, kidnapping, or felonious escape. The presumption supplies the mental state for murder even without direct proof of the defendant's subjective awareness of the risk.
Supporting sources
…either express or implied." Manslaughter was a killing "in the heat of passion, on sudden provocation, without express or implied malice aforethought." Id. , at 686, and n. 3. Although "express malice" at one point may have had its own significant independent meaning, see Perkins, A Re-Examination of Malice Aforethought, 43…