A person is guilty of RECKLESS ENDANGERMENT when, under circumstances evincing a depraved indifference to human life, that person recklessly engages in conduct which creates a grave risk of death.
Some of the terms used in this definition have special meaning in law. Below is the meaning of the following terms: "recklessly" and "depraved indifference to human life."
A person RECKLESSLY engages in conduct which creates a grave risk of death to another person when he or she engages in conduct which creates a substantial, unjustifiable, and grave risk of death to another person,
and when he or she is aware of and consciously disregards that risk,
and when that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
A crime committed recklessly is generally regarded as less serious and blameworthy than a crime committed intentionally. But when reckless conduct is engaged in under circumstances evincing a DEPRAVED INDIFFERENCE TO HUMAN LIFE, the law regards that conduct as so serious, so egregious, as to be the equivalent of intentional conduct.
Conduct evincing a depraved indifference to human life is much more serious and blameworthy than conduct which is merely reckless. It is conduct which, beyond being reckless, is so wanton, so deficient in moral sense and concern, so devoid of regard for the life or lives of others, as to equal in blameworthiness intentional conduct which produces the same result.
To be found guilty of RECKLESS ENDANGERMENT WITH DEPRAVED INDIFFERENCE, the People are required to prove beyond a reasonable doubt, both of the following two elements:
A. That the defendant RECKLESSLY ENGAGED IN CONDUCT WHICH CREATED A GRAVE RISK OF DEATH, and
B. That the defendant did so under circumstances EVINCING A DEPRAVED INDIFFERENCE to human life.
Can we impeach for reckless endangerment?
|
|
Updated, most painfully, every Friday here
Can we impeach for reckless endangerment?
download Petition to impeach (pdf format)
Tell others
