Super reckless murder vs. Reckless manslaughter - MPC

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Charles Barkley
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Super reckless murder vs. Reckless manslaughter - MPC

Postby Charles Barkley » Sun May 06, 2012 7:26 pm

A conscious disregard manifesting an extreme indifference to human life can result in murder under MPC. However, mere reckless homicide can also constitute manslaughter under the MPC.

Can someone explain the difference to me? Perhaps w/ an example of when a reckless homicide would not be "super reckless"

igo2northwestern
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Re: Super reckless murder vs. Reckless manslaughter - MPC

Postby igo2northwestern » Sun May 06, 2012 7:41 pm

Charles Barkley wrote:A conscious disregard manifesting an extreme indifference to human life can result in murder under MPC. However, mere reckless homicide can also constitute manslaughter under the MPC.

Can someone explain the difference to me? Perhaps w/ an example of when a reckless homicide would not be "super reckless"


consciously disregards a substantial and unjustifiable risk that death will result (definition of recklessness) - e.g. driving drunk or texting while driving

extreme indifference to human life - e.g. having a track record for drunk-driving-killing and still getting wasted while driving

It's a difference in degree, and a court might also consider other offenses. So if someone (who is not insane) locks up a baby with a tiger for kicks n giggles + has a bunch of other similar offenses, a court might find that s/he has exhibited an extreme indifference to human life in the present crime.


Hope this helps, I took crim last semester and I don't remember everything. Just remember to argue both sides if the crime can feasibly be classified under extreme indiff.

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NoleinNY
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Re: Super reckless murder vs. Reckless manslaughter - MPC

Postby NoleinNY » Sun May 06, 2012 7:56 pm

Damn, scooped.

I guess I'll just add that, when I first read the thread title, I thought this was a C&F question.

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bk1
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Re: Super reckless murder vs. Reckless manslaughter - MPC

Postby bk1 » Sun May 06, 2012 8:24 pm

igo2northwestern wrote:
Charles Barkley wrote:A conscious disregard manifesting an extreme indifference to human life can result in murder under MPC. However, mere reckless homicide can also constitute manslaughter under the MPC.

Can someone explain the difference to me? Perhaps w/ an example of when a reckless homicide would not be "super reckless"


consciously disregards a substantial and unjustifiable risk that death will result (definition of recklessness) - e.g. driving drunk or texting while driving

extreme indifference to human life - e.g. having a track record for drunk-driving-killing and still getting wasted while driving

It's a difference in degree, and a court might also consider other offenses. So if someone (who is not insane) locks up a baby with a tiger for kicks n giggles + has a bunch of other similar offenses, a court might find that s/he has exhibited an extreme indifference to human life in the present crime.


Hope this helps, I took crim last semester and I don't remember everything. Just remember to argue both sides if the crime can feasibly be classified under extreme indiff.


Pretty much this.

Recklessness = Manslaughter
Gross Recklessness = Murder

Basically under gross recklessness the chance of death has to be pretty high (e.g. Russian roulette, driving into a crowd, firing into a crowd, etc).

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Charles Barkley
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Re: Super reckless murder vs. Reckless manslaughter - MPC

Postby Charles Barkley » Sun May 06, 2012 8:27 pm

Good stuff.

Thanks for the help.




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