Also known as: reckless under circumstances manifesting extreme indifference to human life · extreme indifference to the value of human life · depraved-heart recklessness · extreme indifference murder · depraved heart
Written by attorneys · grounded in primary & secondary sources — see below
Recklessness that demonstrates a callous disregard for human life by consciously disregarding a substantial and unjustifiable risk of death. This elevated form of recklessness satisfies the mens rea for murder when the actor's conduct causes death.
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Rowan Russell captained a fishing vessel in rough seas. After a deckhand complained repeatedly about missing safety gear, Rowan ordered the deckhand to work alone on the slippery stern at night without a harness. Rowan then cut the deck lights and increased speed, causing the deckhand to fall overboard and drown far from shore.
Ryan Roberts and a colleague planned to steal diagnostic devices from a locked hospital storage room after hours. To move an elderly patient blocking the hallway, Ryan injected the patient with a large unauthorized dose of sedative. The patient suffered respiratory arrest and died while the pair removed the equipment.
Rina Rahman drove two armed companions to a convenience store and waited in the car with the engine running. When one companion shot the clerk during the robbery, Rina fled with the others. She later claimed she had not expected anyone to be killed.
Rebecca Ross, a juvenile, agreed to help older friends rob a video store. She waited outside but entered briefly after hearing a gunshot. One companion killed the clerk, and Rebecca was convicted of murder and sentenced to life without parole.
Ricardo Rojas waited in the car while his companions robbed a rural home. When the homeowners resisted, one companion shot both, killing them. Ricardo drove the group away and later argued his role was too minor for capital liability.
Ordinary recklessness requires conscious disregard of a substantial and unjustifiable risk. Extreme indifference requires that the disregard also manifest a hardened attitude toward the value of human life, elevating the conduct to murder.
No. The presumption of extreme indifference arises from listed felonies, but the prong itself stands independently when the actor's conduct shows callous disregard for life even without those felonies.
…41-1501(1)(a), (2), (3) (1977) (a capital crime if death occurs during commission of the felony "under circumstances manifesting extreme indifference to the value of human life"); Del. Code Ann., Tit. 11, §§ 636(a)(6), 636(b), 4209(a) (1979) (a capital crime only if the death is caused "with criminal negligence"); Ky. Rev. Stat. § 507.020(1)(b), (2) (Supp. 1980)…
…the most egregious form of criminal homicide. . . . For example, the Model Penal Code treats reckless killing,
…robbery, and, in the course of that offense, he, or an accomplice, caused [the clerk’s] death under circumstance manifesting
…that the defendant intentionally set in motion a chain of events likely to cause death or great bodily injury, or acted with extreme indifference to the value of human life
Yes. A jury may infer the required mental state from objective circumstances such as deliberate creation of life-threatening conditions, awareness of prior warnings, and actions taken far from rescue.
The actor's later statement does not preclude a finding of extreme indifference. The jury may reject the characterization and infer the mental state from the objective risk created and the surrounding facts.