Theowl32
Diamond Member
- Dec 8, 2013
- 22,902
- 17,299
What if an outbreak happens here as a result of one if the 3000 soldiers brings ebola here to the US?
Oh, I know. Could never happen. Of course not. Right. I wonder why no other country would even THINK about sending any of their people (let alone 3000) to an area that is experiencing the worst outbreak of ebola in history.
So, here is the question. (I know this would never ever happen, but there could be a case based on the way this law reads.)
Could Obama be charged with murder by depraved indifference?
Depraved Indifference Law Legal Definition
Depraved Indifference Law & Legal Definition
To constitute depraved indifference, the defendant's conduct must be 'so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. Depraved indifference focuses on the risk created by the defendant’s conduct, not the injuries actually resulting.
In one case, People v Register, 60 NY2d 273, 469 NYS2d 599 (1983),while exploring the meaning of "depraved indifference recklessness" the Court of Appeals ruled that intoxication is not a defense or excuse to "depraved mind murder," although it may be to intentional murder. Its analysis started with distinguishing reckless manslaughter from the "depraved indifference recklessness" necessary for murder:
"to bring defendant’s conduct within the murder statute, the People were required to establish also that defendant’s act was imminently dangerous and presented a very high risk of death to others and that it was committed under circumstances which evidenced a wanton indifference to human life or a depravity of mind. . . . . The crime differs from intentional murder in that it results not from a specific, conscious intent to cause death, but from an indifference to or disregard of the risks attending defendant’s conduct." 60 NY2d at 274.
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Yeah, I think a case could be made. Let alone with a mass outbreak happens here as a result of one of these soldiers bringing it here.
Oh, I know. Could never happen. Of course not. Right. I wonder why no other country would even THINK about sending any of their people (let alone 3000) to an area that is experiencing the worst outbreak of ebola in history.
So, here is the question. (I know this would never ever happen, but there could be a case based on the way this law reads.)
Could Obama be charged with murder by depraved indifference?
Depraved Indifference Law Legal Definition
Depraved Indifference Law & Legal Definition
To constitute depraved indifference, the defendant's conduct must be 'so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. Depraved indifference focuses on the risk created by the defendant’s conduct, not the injuries actually resulting.
In one case, People v Register, 60 NY2d 273, 469 NYS2d 599 (1983),while exploring the meaning of "depraved indifference recklessness" the Court of Appeals ruled that intoxication is not a defense or excuse to "depraved mind murder," although it may be to intentional murder. Its analysis started with distinguishing reckless manslaughter from the "depraved indifference recklessness" necessary for murder:
"to bring defendant’s conduct within the murder statute, the People were required to establish also that defendant’s act was imminently dangerous and presented a very high risk of death to others and that it was committed under circumstances which evidenced a wanton indifference to human life or a depravity of mind. . . . . The crime differs from intentional murder in that it results not from a specific, conscious intent to cause death, but from an indifference to or disregard of the risks attending defendant’s conduct." 60 NY2d at 274.
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Yeah, I think a case could be made. Let alone with a mass outbreak happens here as a result of one of these soldiers bringing it here.