Sunday, May 3, 2015

Charge is Depraved-Heart Murder -- and that Might Make a Difference

    I'm wondering if some in the media missed an important point in reporting the key charge in the Freddie Gray case. I listened to a few reports saying the driver of the van, officer Caesar Goodson, is being charged with second-degree murder. But, I see a picture of the news release, and it says the charge is second-degree depraved-heart murder.
    There is a distinction.
    Depraved-heart murder is when you show depraved indifference for the survival of a person and your indifference leads to their death. It is when you commit an act even though you know that act could cause great physical harm. Ignoring the danger constitutes this crime called depraved-heart murder.
   If Goodson, the driver, ignored Gray's pleas for medical help, then it would seem the only question is whether he knew there was a danger of great physical harm.






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