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.