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depraved heart murder wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 common law background 2 under the model penal code 3 international equivalents toggle international equivalents subsection 3 1 canada 3 2 england and wales 3 3 germany 4 well known cases toggle well known cases subsection 4 1 1946 russian roulette case 4 2 2015 death of freddie gray 4 3 murder of george floyd 5 see also 6 references toggle the table of contents depraved heart murder 2 languages 한국어 اردو edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia killing where the circumstances demonstrate a depraved indifference to human life part of a series on homicide murder note varies by jurisdiction assassination attempted murder child murder consensual homicide contract killing crime of passion depraved heart murder felony murder rule foeticide honor killing human cannibalism child cannibalism human sacrifice child sacrifice internet homicide in custody lonely hearts killer lust murder lynching mass murder mass shooting mass stabbing misdemeanor murder murder for body parts murder suicide poisoning proxy murder pseudocommando serial killer angel of mercy spree killer thrill killing torture murder vehicle ramming attack wrongful execution judicial murder manslaughter in english law in us law in australian law voluntary manslaughter negligent homicide reckless homicide vehicular homicide non criminal homicide note varies by jurisdiction war assisted suicide capital punishment euthanasia foeticide justifiable homicide family familicide spousal murder mariticide uxoricide prolicide filicide infanticide neonaticide siblicide fratricide sororicide parricide matricide patricide senicide other crucifixion decapitation deicide democide friendly fire gendercide androcide femicide transfemicide genocide omnicide regicide stoning suspicious death tyrannicide war crime v t e 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 1 2 in some states depraved heart killings constitute second degree murder 3 while in others the act would be charged with wanton murder 4 5 varying degrees of manslaughter 6 or third degree murder if no death results such an act would generally constitute reckless endangerment sometimes known as culpable negligence and possibly other crimes such as assault common law background edit it depraved heart murder is the form of murder 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 7 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 the teenager pointed the gun at another person and repeatedly pulled the trigger resulting in the death of the latter 1 under the model penal code edit depraved heart murder is recognized in the model penal code 210 2 1 b 8 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 edit canada edit 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 9 section 229 a ii 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 edit murder is not classified into degrees in england and wales unlike in canada but sentences are more severe always life but with a longer period when the offender is ineligible for parole 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 edit a similar concept is eventualvorsatz de also called dolus eventualis or bedingter vorsatz literally conditional intent 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 in this case for murder include setting fire to an inhabited house 10 and reckless speeding in an urban area 11 well known cases edit 1946 russian roulette case edit in the 1946 case commonwealth v malone 1 the supreme court of pennsylvania affirmed the conviction of a teenager on the charge of second degree murder using the depraved heart doctrine the teenager in question had set up a game of russian roulette which ended in the death of another teenager a friend of the defendant when tried for the crime of murder his defense argued that since the defendant had no intent to kill he could not be convicted of murder the prosecution successfully argued using the depraved heart doctrine that the defendant s recklessness and carelessness amounted to a level of negligence sufficient to serve as evidence of criminally culpable intent 2015 death of freddie gray edit main article killing of freddie gray caesar goodson jr a baltimore police officer was charged on may 21 2015 with second degree depraved heart murder for his involvement in the death of 25 year old freddie gray while in police custody gray died several days after he was arrested and driven in a police van to jail the van was shown on video during the trial to have been driven normally 12 but was alleged to have been driven aggressively with no regard for the safety of the prisoner who was not adequately secured for safety further the prisoner was shackled preventing him from protecting himself the prosecution alleged that the injuries were inflicted during the ride and that pleas for medical attention were ignored officer goodson was charged with second degree depraved heart murder before the internal investigation was completed 13 14 15 16 he was found not guilty on june 23 2016 17 of the six officers charged three were acquitted and charges were dropped against the remaining three 18 murder of george floyd edit main article murder of george floyd the murder of george floyd an african american man occurred in minneapolis minnesota on may 25 2020 derek chauvin a white minneapolis police officer 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 according to the criminal complaint filed against chauvin floyd was handcuffed and lying prone on the road throughout that time officers thomas k lane tou thao and j alexander kueng participated in floyd s arrest with kueng holding floyd s back lane holding his legs and thao looking on as he stood nearby chauvin was charged with third degree depraved heart murder under minnesota law on may 29 2020 on april 20 2021 chauvin was convicted of unintentional second degree murder third degree murder and second degree manslaughter 19 20 while the other officers pled guilty for various charges related to the murder see also edit law portal criminal negligence crime of passion northington v state killing of lacey fletcher references edit 1 2 3 commonwealth v malone 354 pa 180 47 a 2d 445 1946 jenée desmond harris may 1 2015 an officer has been charged with depraved heart murder in freddie gray s death what is that vox com retrieved 1 may 2015 bonnie r j et al criminal law second edition foundation press new york nyl 2004 p 797 six police officers charged in freddie gray s death praise scrutiny for state s attorney marilyn mosby the lead with jake tapper cnn may 1 2015 retrieved 23 september 2020 brown v commonwealth of kentucky justia law september 3 1998 retrieved 23 september 2020 163 118¹ manslaughter in the first degree www oregonlaws org retrieved 8 september 2015 robinson v state 3 07 md 738 517 a 2d 94 1986 quoting debettencourt v state 48 md app 522 530 428 a 2d 479 484 md ct spec app 1981 american law institute model penal code official draft 1962 r v martineau 1990 2 scr 633 versuchter mord durch brandstiftung haft für ex feuerwehrmann pz nightlife nightlife in german january 20 2015 retrieved 2020 07 22 ege gian 2012 will ein raser töten eventualvorsätzliche tötung im straßenverkehr eine juristische bestandsaufnahme does a speeder want to kill conditionally intentional killing in traffic a legal survey in german europa institut van driven normally washingtonpost com june 14 2016 retrieved october 30 2019 baltimore grand jury indicts police in death of freddie gray reuters com 2015 05 21 retrieved may 22 2015 what is depraved heart murder usa today what is depraved heart murder time magazine what is depraved heart murder in maryland the washington post freddie gray baltimore officer cleared of murder bbc news freddie gray death grand jury indicts police officers cnn forliti amy what were charges against chauvin in floyd death abc news retrieved april 21 2021 arango tim dewan shaila eligon john bogel burroughs nicholas april 20 2021 derek chauvin is found guilty of murdering george floyd the new york times issn 0362 4331 retrieved april 20 2021 retrieved from https en wikipedia org w index php title depraved heart_murder oldid 1377012944 categories american legal terminology killings by type murder in the united states hidden categories articles with short description short description is different from wikidata pages using interlanguage link with the italics parameter cs1 german language sources de this page was last edited on 27 september 2026 at 12 35 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia legal safety contacts code of conduct developers statistics cookie statement mobile view search search toggle the table of contents depraved heart murder 2 languages add topic