Also known as: extremely reckless
Written by attorneys · grounded in primary & secondary sources — see below
Conduct creating an unjustifiably high risk of death or serious bodily injury that manifests extreme indifference to the value of human life. This form of recklessness supplies the malice aforethought required for common law murder when it demonstrates a depraved heart.
Ewan Eckhart tackled a suspected shoplifter from behind and repeatedly stomped on the victim's chest despite cries of pain and visible distress from bystanders nearby. The stomping caused fatal internal injuries. The repeated blows to a vital area after observing signs of injury showed the extreme recklessness needed to establish malice aforethought for murder.
Eileen Epstein and Emma Erickson participated as major actors in an armed robbery of a bank where they knew the risk of death to hostages was highly likely. They provided weapons and stood by as a guard was killed during the escape. Their major role combined with awareness of the substantial likelihood of killing satisfied the extreme recklessness threshold for capital murder eligibility.
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Extreme recklessness requires a conscious disregard of a risk so substantial that it manifests extreme indifference to human life and can fairly be assimilated to purpose or knowledge. Ordinary recklessness supports only manslaughter. The trier of fact decides whether the conduct crosses this line based on the circumstances.
Supporting sources
Yes. A defendant may be liable for murder if the killing results from conduct exhibiting wanton and willful disregard of an unreasonable human risk even absent intent to kill or cause grievous harm. The focus is on the extreme indifference shown by the actions.
Supporting sources
Courts consider the degree of risk created, the defendant's awareness of that risk, the nature of the conduct, and whether it shows a hardness of heart or disregard of social duty. No single factor is dispositive and the question is primarily for the factfinder.
Supporting sources
No. Such conduct typically amounts only to criminal negligence supporting involuntary manslaughter because it falls short of the wanton disregard needed to show a depraved heart for murder.
Supporting sources
…participation in the felony murder is major and the likelihood of killing is so substantial as to raise an inference of extreme recklessness.[^maj-10] This substantial and recent legislative authorization of the death penalty for the crime of felony murder regardless of the absence of a finding of an intent to kill powerfully…