May 4, 201511 yr In Robinson v State, Justice Adkins of the Court of Appeals of Maryland relied on this extract of extant jurisprudence: "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."
May 4, 201511 yr In Robinson v State, Justice Adkins of the Court of Appeals of Maryland relied on this extract of extant jurisprudence: Exactly. What I think the prosecutor may have trouble proving is the "willful" aspect of this crime.
May 4, 201511 yr Author Exactly. What I think the prosecutor may have trouble proving is the "willful" aspect of this crime. The "willful" would seem to be directed at the driver. I wonder how the state plans to show the truck was driven in a manner that helped cause the death vs the known fact that they didn't strap him in. I know there are devices on many public service vehicles that monitor a driver's driving. It can measure speed, stop and starts, force in taking turns, force used in stopping. I wonder if this truck had such a device.
May 4, 201511 yr The "willful" would seem to be directed at the driver. I wonder how the state plans to show the truck was driven in a manner that helped cause the death vs the known fact that they didn't strap him in. I know there are devices on many public service vehicles that monitor a driver's driving. It can measure speed, stop and starts, force in taking turns, force used in stopping. I wonder if this truck had such a device. You would also think you could find video footage from around the city of a vehicle speeding and slamming breaks. There are cameras everywhere these days.
May 4, 201511 yr Author You would also think you could find video footage from around the city of a vehicle speeding and slamming breaks. There are cameras everywhere these days. Correct. That's how they determined there was an unreported stop along the route. CCTV at a grocery store.
May 4, 201511 yr I quote from the link that provides the code. Argue with the link. It says what it says. I do know what it means. I posted what it means. Depraved heart, depraved indifference, call it what you will. All states are different in their requirements. You do realize there is only one charge of murder in Kentucky, right? Show me the link. Please, post it again, because I'm not seeing it. I linked Maryland §2-204, and there's nothing about intent insofar as you are trying to use it. And I agree, the practice of law definitely is not your forte. And all States are different in their requirements on various laws? Wow! I had no idea. Edited May 4, 201511 yr by JokersWild24
May 4, 201511 yr The prosecutor has to be holding a full house of evidence to say the things she said in her press conference. Playing to the riot/protesters the way she did leads me to believe this. If not she will be doing a lot of divorce, real estate, and estate law in the future. Based on what I have heard, I would be very suprised if she can flip these Officers to rat on one another.
May 4, 201511 yr In Robinson v State, Justice Adkins of the Court of Appeals of Maryland relied on this extract of extant jurisprudence: "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." And that only proves what I'm trying to say, especially looking at the underlines and bolded. It's possible that 'intent' may be imputed because the circumstances show that there is reckless and wanton indifference to human life, but depraved heart murder does not require showing that the person intended to kill someone, despite what people here seem to think.
May 5, 201511 yr What about the defendants:A Famed Harvard Lawyer Goes on Epic Rant: Destroys Baltimore Mayor & Prosecutor Over Murder Charges He said the same thing I said in my last post. The charge of Murder will be almost impossible to to prove. Murder has to show intent and the prosecutor when explaining what occurred showed zero intent. I think the charges were simply made to appease the rioters and hold very little water if you ask me. Negligence? Possibly. Manslaughter? Possibly. Murder? No way.
May 5, 201511 yr The "willful" would seem to be directed at the driver. I wonder how the state plans to show the truck was driven in a manner that helped cause the death vs the known fact that they didn't strap him in. I know there are devices on many public service vehicles that monitor a driver's driving. It can measure speed, stop and starts, force in taking turns, force used in stopping. I wonder if this truck had such a device. Good question. I am sure there will be the "dueling" experts.
May 5, 201511 yr Show me the link. Please, post it again, because I'm not seeing it. I linked Maryland §2-204, and there's nothing about intent insofar as you are trying to use it. And I agree, the practice of law definitely is not your forte. And all States are different in their requirements on various laws? Wow! I had no idea. [ATTACH=CONFIG]50415[/ATTACH] Well, we agree on something. You can page up or back and find the link. I find the charging language in Maryland Statutes quite interesting. Rev. 10/1/2014 Second Degree Murder CR 2-204 FELONY 30 YEARS PRELIMINARY HEARING RELEASE RESTRICTION LESSER INCLUDED OFFENSES: MANSLAUGHTER ASSAULT SUB. CONVICTION, ENHANCED PENALTY *1_0999* **MURDER-SECOND DEGREE** ...did feloniously and with mali ce aforethought, kill and murder _____. I believe "malice aforethought" would mean intent.
May 5, 201511 yr I do not think they will find 12 jurors to come to a unanimous decision on a murder charge. I would say there will be at least one or two hold outs.
May 5, 201511 yr Author He said the same thing I said in my last post. The charge of Murder will be almost impossible to to prove. Murder has to show intent and the prosecutor when explaining what occurred showed zero intent. I think the charges were simply made to appease the rioters and hold very little water if you ask me. Negligence? Possibly. Manslaughter? Possibly. Murder? No way. Intent is not required to get a conviction for 2nd degree murder depraved-heart from what I've read. That's how the prosecutor is able to levy a murder charge.
May 5, 201511 yr Author Crazy story today. Fox News reported that BPD shot a man from behind as he was running away. It was in the same area as the protests. Eye witnesses on the street said they "SAW" it happen. A Fox reporter said he saw the officer pull his weapon and then he heard a shot. Turns out the police did not shoot the guy. I saw a video of the guy at the police station talking to his mom before they booked him. He was standing with no signs of a wound. Twitter/social media has gone nuts with false claims.
May 5, 201511 yr Well, we agree on something. You can page up or back and find the link. I find the charging language in Maryland Statutes quite interesting. Rev. 10/1/2014 Second Degree Murder CR 2-204 FELONY 30 YEARS PRELIMINARY HEARING RELEASE RESTRICTION LESSER INCLUDED OFFENSES: MANSLAUGHTER ASSAULT SUB. CONVICTION, ENHANCED PENALTY *1_0999* **MURDER-SECOND DEGREE** ...did feloniously and with mali ce aforethought, kill and murder _____. I believe "malice aforethought" would mean intent. Honestly, we probably agree on more than each of us realize. In any event, I think you are confusing some of the language. A textbook case of depraved heart murder would be something like shooting at a car as it goes by and that bullet ending up killing John Doe while he's riding in the back seat. You intentionally shot the gun, but you didn't say, I'm going to kill John Doe, or I'm going to kill the person in the backseat. I don't see where the "malice aforethought" is, or where you are getting some of the stuff. I'm 99.9999% sure that depraved heart murder doesn't require specific intent to kill a person like you are making it seem. I think the USA Today article I linked, as well as the code itself, will back that up. Here's another link, this one from the Washington Post, that explains the depraved heart. What is depraved-heart murder in Maryland? - The Washington Post
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