Also known as: depraved-mind murder · depraved heart murder · depraved-heart murder
Written by attorneys · grounded in primary & secondary sources — see below
A form of common law murder in which malice aforethought is implied when the defendant engages in conduct demonstrating wanton and willful disregard that the natural tendency of the behavior is to cause death or great bodily harm. The required level of risk and indifference exceeds that needed for involuntary manslaughter based on criminal negligence or recklessness.
Carla managed a metal fabrication plant where a hydraulic press safety interlock repeatedly failed. To meet production quotas she disconnected the device and instructed workers including a new hire to continue clearing jams. When the press cycled unexpectedly it crushed a worker to death.
Carla directed a crewed rocket test after engineers reported major fuel tank cracks and urged delay because failure would be catastrophic. She dismissed the warnings and ordered liftoff anyway. The rocket exploded shortly after launch killing the test pilot.
Select any source to read its text and confirm it supports the definition.
Depraved mind murder requires a higher degree of recklessness showing extreme indifference to human life that implies malice. Involuntary manslaughter covers unintentional killings from a lower level of criminal negligence or recklessness that creates a substantial but less extreme risk of death.
Supporting sources
Some jurisdictions historically limited depraved mind murder to conduct endangering many people indiscriminately. Modern applications in many common law jurisdictions allow the doctrine when the defendant's conduct creates an extremely high risk to any human life with conscious disregard of that risk.
Supporting sources
Jurisdictions differ. Some treat the mental state as requiring subjective awareness that intoxication can negate while others hold that self-induced intoxication does not excuse the conscious disregard of risk.
Supporting sources
The defendant must consciously engage in extremely dangerous conduct that a reasonable person would recognize as posing a grave risk of death and proceed anyway without justification.
Supporting sources
…today in most jurisdictions: "(1) intent-to-kill murder; "(2) intent-to-do-serious-bodily-injury murder; "(3) depraved-heart murder [wanton and willful disregard that the natural tendency of the defendant's behavior is to cause death or great bodily harm]; and "(4) felony murder."[^maj-101] Under the common law,…