Also known as: abandoned-heart · abandoned and malignant heart · depraved heart
Written by attorneys · grounded in primary & secondary sources — see below
A form of implied malice consisting of reckless indifference to an unjustifiably high risk to human life. The mental state exceeds the recklessness required for involuntary manslaughter and supplies the malice aforethought needed for common-law murder.
Quentin approved a live stunt in which contestants ran through a warehouse while forklifts operated at high speed without barriers or spotters. A safety report warned of probable death, yet Quentin proceeded to boost ratings. When a forklift struck and killed contestant Louis, the approval demonstrated reckless indifference to an unjustifiably high risk to human life.
Walter and Owen entered a restricted hospital storage room after hours to steal diagnostic devices. Walter injected an elderly patient with an unmonitored sedative to clear their path, causing immediate respiratory arrest and death. The injection created an extreme and unjustifiable risk of death that Walter knowingly disregarded.
Select any source to read its text and confirm it supports the definition.
Captain Navarro ordered first mate Rios to work over the side without a safety line in rough seas. Navarro then deliberately steered the vessel to knock Rios into the water, extinguished the deck lights, and made no rescue attempt. The conduct reflected reckless indifference to an unjustifiably high risk of death.
Unlicensed contractor Evan repaired a cracked gas line with tape and scrap tubing despite knowing the method was improper. A week later the line leaked and exploded, killing neighbor Nora. The substandard repair created a serious risk but did not reach the extreme indifference required for abandoned-heart murder.
Abandoned-heart murder requires reckless indifference to an unjustifiably high risk to human life. Involuntary manslaughter requires only criminal negligence or a lesser degree of recklessness. The higher risk threshold distinguishes the two offenses.
Supporting sources
The defendant must consciously disregard a risk of death so extreme that it demonstrates malice. Conduct such as firing into a crowded space or deliberately disabling critical safety systems in a high-risk setting can meet this standard.
Supporting sources
Yes. Reckless indifference to an unjustifiably high risk to human life constitutes implied malice even without an intent to kill or to cause great bodily injury.
Supporting sources
No. The doctrine applies when the defendant knowingly creates a very high risk of death and proceeds anyway, regardless of whether death was the conscious object.
…proof. Malice shall be implied where no considerable provocation appears, and where all the circumstances of the killing show an abandoned and malignant heart. "(b) A person also commits the crime of murder when in the commission of a felony he causes the death of another human being, irrespective of malice. "(c) A person convicted of murder…