2006-08-22 10:38:17 · 4 answers · asked by osunumberonefan 5 in Politics & Government ➔ Law & Ethics
It is a standard comparable to but slightly higher than recklessness.
Recklessness means that someone was aware of a significant risk, and deliberately choose to not act to prevent that risk. Unlike negligence (which is measured an objective reasonableness standard), recklessness is a subject standard in that the person must generally have been actually aware of the risk involved, not merely "should have been" aware.
Depraved Indifference is basically gross recklessness. It is most often applied in criminal statutes where it involves recklessness of causing serious bodily injury or death. In other words, the person knew that their actions could case serious harm or death, and didn't care.
That's different from a general intent ("knowing") standard, where the person knew that their actions would (not just could) cause serious harm or death, and choose to act anyway.
Here's an example, set in small town park where children are playing.
A person drives 10 miles over the speed limit, and is slightly intoxicated. They lose control of their vehicle, and swerve into the park, hitting one or more kids. That's negligence.
A person drives drives directly through the park (at whatever speed) knowing that by doing so they will almost certainly hit one or more children. That's a general intent standard.
A person drives 50 miles over the speed limit, and drives directly through the park, but does not actually have the intent to hit anyone. They know it's possible, but they drive through anyway. That's depraved indifference.
2006-08-22 10:43:22 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
everything the other posts above say, but consider it like this, depraved indifference is treating a human life as if it was an inanimate object, ie, throwing a baby into a dumpster with no more regard for what you are doing than you would use when you threw out an empty soda can, things like that.
2006-08-22 10:49:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Depraved Indifference means they just don't care.
2006-08-22 13:08:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Having complete disregard for human life and suffering.
2006-08-22 10:45:17 · answer #4 · answered by Donna Lu 2 · 0⤊ 0⤋