Kara Sears
Depraved-heart murder, also known as depraved-indifference murder, is a type of murder charge that can be used when 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. The mental state of the perpetrator in a depraved-heart murder case is often described as a depraved heart or an abandoned and malignant heart. This charge typically involves actions that create a high risk of death, even if the perpetrator did not intend to kill anyone. For example, in the case of Commonwealth v. Malone, a teenager was convicted of second-degree murder using the depraved-heart doctrine after a friend died during a game of Russian roulette.
| Characteristics | Values |
|---|---|
| Type of murder | Depraved-heart murder, also known as depraved-indifference murder, reckless indifference murder, or wanton murder |
| Intent to kill | No explicit intention to kill |
| Risk of death | Runs an unusually high risk of causing death or serious bodily harm |
| Mental state | Extreme recklessness |
| Felony | N/A |
| Example | Commonwealth v. Malone, a Pennsylvania case in which a teenager was convicted of second-degree murder for a death arising from a game of modified Russian roulette |
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What You'll Learn
Depraved heart murder and intent
Depraved-heart murder, also known as depraved-indifference murder, is a type of murder where an individual acts with a "depraved indifference" to human life, resulting in death, despite lacking the explicit intent to kill. This form of murder involves an individual recklessly engaging in conduct that poses an unusually high risk of causing death or serious bodily harm to another person. The term "depraved heart" refers to the mental state of the perpetrator, indicating a callous disregard for the value of human life.
A classic example of depraved-heart murder under common law is the case of Commonwealth v. Malone. In this case, a teenager was convicted of second-degree murder after a game of modified Russian roulette resulted in the death of another teenager. The prosecution successfully argued that the defendant's recklessness and carelessness demonstrated criminally culpable intent, even without the presence of an explicit intent to kill.
To establish depraved-heart murder, the prosecution must prove that the defendant's actions manifested "extreme indifference to the value of human life." This standard, as outlined in the Model Penal Code § 210.2(1)(b), sets a high threshold for culpability. The defendant's conduct must exhibit a blatant disregard for the likelihood of causing death or serious harm, indicating a depraved indifference to human life.
In some states, depraved-heart killings constitute second-degree murder, while in others, they may be charged as wanton murder, varying degrees of manslaughter, or third-degree murder. The distinction between second-degree murder and first-degree murder lies in the presence or absence of premeditation. Second-degree murder often involves intent but lacks the element of premeditation, making it less blameworthy and subject to less severe penalties.
It is important to distinguish depraved-heart murder from involuntary manslaughter. While both are forms of criminal homicide, involuntary manslaughter involves a lesser degree of recklessness or negligence without the extreme indifference to human life characteristic of depraved-heart murder. Involuntary manslaughter typically arises from unintentional killings that occur due to negligence or recklessness but lack the malicious intent or extreme disregard for human life present in depraved-heart murder.
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Examples of depraved heart murder
In the United States, depraved-heart murder, also known as depraved-indifference murder, is a type of murder where an individual acts with a "depraved indifference" to human life, and this act results in death, despite the individual not explicitly intending to kill.
A classic example of depraved-heart murder under common law is the case of Commonwealth v. Malone, a Pennsylvania case. In this case, a teenager was convicted of second-degree murder for a death arising from a game of modified Russian roulette. The defendant's defence argued that since the defendant had no intent to kill, he could not be convicted of murder. However, the prosecution successfully argued that the defendant's recklessness and carelessness amounted to negligence, providing evidence of criminally culpable intent.
Another example is the case of State v. Barnes, where Barnes fired a gun into a crowded park, acting with extreme recklessness. The court charged Barnes with depraved-heart murder, concluding that his reckless behaviour demonstrated a depraved indifference to human life, which directly caused the death of another person.
In People v. Hall, Hall was engaged in dangerous stunt driving on a busy street, creating a significant risk to the safety of others. Tragically, a bystander was killed as a result. The prosecution argued that Hall's reckless disregard for human life amounted to depraved-heart murder, and the court agreed, highlighting that Hall's conduct showed a gross indifference to the lives of those around him.
Derek Chauvin, a Minneapolis police officer, was charged with third-degree depraved-heart murder under Minnesota law for the murder of George Floyd, an African-American man. Chauvin kept his knee on Floyd's neck for 8 minutes and 46 seconds, 2 minutes and 53 seconds of which occurred after Floyd became unresponsive. Chauvin was convicted of unintentional second-degree murder, third-degree murder, and second-degree manslaughter.
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Depraved heart murder vs. involuntary manslaughter
In the United States, depraved-heart murder, also known as depraved-indifference murder, is a type of murder where an individual acts with a "depraved indifference" to human life, and this act results in death, despite the individual not explicitly intending to kill. In other words, the defendant commits 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.
A classic example of depraved-heart murder under common law is the case of 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. Another example is the murder of George Floyd, where Derek Chauvin, a Minneapolis police officer, kept his knee on Floyd's neck for almost nine minutes, resulting in his death. Chauvin was convicted of unintentional second-degree murder, third-degree murder, and second-degree manslaughter.
In contrast, involuntary manslaughter involves the unintentional killing of another person without malice aforethought or premeditation. This can occur due to negligence or recklessness but without the extreme indifference to human life that characterises depraved-heart murder. For instance, if someone accidentally kills another person while driving under the influence of alcohol, they could be charged with involuntary manslaughter. The key difference between depraved-heart murder and involuntary manslaughter lies in the level of intent or recklessness involved. Depraved-heart murder requires an extreme disregard for human life, while involuntary manslaughter typically involves less extreme recklessness or negligence.
Furthermore, the presence or absence of people can also distinguish depraved-heart murder from involuntary manslaughter. If people are present or reasonably expected to be present, and someone is killed, it is generally considered reckless, or depraved-heart murder. On the other hand, if there are typically no people around in a particular situation, and someone is killed, it is more likely to be considered involuntary manslaughter due to negligence.
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Second-degree murder
A key defence against a charge of second-degree murder is self-defence or the defence of others. This means that the defendant was justified in killing the victim because they reasonably feared that the victim was about to use deadly force against them or someone else. Most states have adopted a "stand your ground" rule, which traditionally only accepted a self-defence argument if the defendant could not retreat from the confrontation.
In some states, second-degree murder may be charged based on felony murder, which involves a death that occurs during certain other felonies specified by statute. Other states classify some or all forms of felony murder as first-degree murder. A second-degree murder charge often requires proof of intent to kill or inflict serious bodily harm. However, in some cases, a prosecutor may not need to demonstrate intent if the charge is brought under the felony murder rule.
Depraved-heart murder, also known as depraved-indifference murder, is a type of second-degree murder in some states. It involves an individual acting with a "depraved indifference" to human life, where such behaviour results in death, despite the individual not explicitly intending to kill. Defendants commit an act even though they know their behaviour runs an unusually high risk of causing death or serious bodily harm to another person. If the risk 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.
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Felony murder
The felony murder rule is a legal doctrine in some common-law jurisdictions that broadens the crime of murder. When someone is killed during the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender and their accomplices or co-conspirators may be found guilty of murder, regardless of their intent to kill. The felony murder rule originates in the concept of transferred intent, where the malicious intent inherent in the commission of any crime is considered to apply to any consequences of that crime, regardless of intent.
Modern interpretations of the felony murder rule typically require that the offence be inherently dangerous or committed in an obviously dangerous manner. For example, if two people attempt to rob a store and one of them accidentally kills an employee, both could be charged with murder through the felony murder rule, even though one did not kill and the other did not intend the outcome. The rule is often justified as a means of deterring dangerous felonies.
To qualify as an underlying offence for a felony murder charge, the underlying offence must generally present a foreseeable danger to life, and the link between the offence and the death must not be too remote. For instance, if the recipient of a forged check has a fatal allergic reaction to the ink, most courts would not hold the forger guilty of murder, as the cause of death is too distant from the criminal act.
There are two schools of thought regarding whose actions can lead to a defendant being guilty of felony murder. "Agency theory" jurisdictions admit only deaths caused by the agents of the crime, while "proximate cause theory" jurisdictions include any death, even if caused by a bystander or the police, as long as it meets one of several proximate cause tests.
The merger doctrine excludes from the definition of felony murder any felony that is presupposed by a murder charge. For example, if an assault against one person results in the death of another, the merger doctrine would not apply, and felony murder could be charged. However, if a death occurs during the course of an assaultive felony like a drive-by shooting, the merger doctrine would apply, and felony murder could not be charged.
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Frequently asked questions
Depraved heart murder is a type of murder where an individual acts with a "depraved indifference" to human life, leading to death, despite not intending to kill.
In the case of State v. Barnes, Barnes fired a gun into a crowded park, acting with extreme recklessness. The court charged Barnes with depraved heart murder as his reckless behaviour demonstrated a depraved indifference to human life.
Depraved heart murder involves a more extreme disregard for human life than involuntary manslaughter. Involuntary manslaughter typically involves negligence or less extreme recklessness.
Depraved heart murder can be classified as second-degree murder, manslaughter, or third-degree murder, depending on the state. A conviction can lead to a long term of imprisonment.
