In the State of New York, Homicide is defined as conduct which causes the death of a person as per Article 125. Generally speaking there is criminally negligent homicide, manslaughter, and murder. The difference in the offenses is generally in terms of mens rea or guilty mind, ie: the intent of the defendant. Did the defendant act negligently, recklessly, knowingly, or purposefully. There is also the concept of depraved indifference wherein the defendants actions are, so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. See: definitions.uslegal/d/depraved-indifference/ The case law resulting from NY v Register in 1983 (60 NY2d at 274) shows that: to bring defendant’s conduct within the murder statute, the People were required to establish also that defendant’s act was imminently dangerous and presented a very high risk of death to others and that it was committed under circumstances which evidenced a wanton indifference to human life or a depravity of mind... The crime differs from intentional murder in that it results not from a specific, conscious intent to cause death, but from an indifference to or disregard of the risks attending defendant’s conduct. Some legal food for thought...
Posted on: Sat, 06 Dec 2014 08:48:53 +0000