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View Diary: AL lesbian viciously beaten by girlfriend's brother in horrific Thanksgiving Day hate crime (238 comments)

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  •  malice and lack of concern (2+ / 0-)
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    Sychotic1, kpardue

    is why it was involuntary manslaughter. Depraved indifference has a much higher threshold. To quote one court:

    "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"
    From the circumstances you've given (there may be more you can tell) punching someone in the face is not prima facie a very high risk of death to others.

    Classic examples of depraved indifference is killing someone as a result of intentionally driving a car down a sidewalk or dropping a rock from an overpass.  

    47 is the new 51!

    by nickrud on Mon Nov 26, 2012 at 06:22:41 PM PST

    [ Parent ]

    •  Also, if you say, "when your friend wakes up." (0+ / 0-)

      It suggests it hasn't occurred to you that what you did might have killed him?

      Thanks for the legal clarification.

      "Jersey_Boy" was taken.

      by New Jersey Boy on Mon Nov 26, 2012 at 07:01:24 PM PST

      [ Parent ]

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