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Depraved-heart murder
In United States law, depraved-heart murder, also known as depraved-indifference murder, is an action where a defendant acts with a "depraved indifference" to human life and where such act results in a death. In a depraved-heart murder, defendants commit an act even though they know their act runs an unusually high risk of causing death or serious bodily harm to someone else. If the risk of death or bodily harm is great enough, ignoring it demonstrates a "depraved indifference" to human life and the resulting death is considered to have been committed with malice aforethought.〔 Commonwealth v. Malone, 47 A.2d 445 (Pa. 1946).〕 In some states, depraved-heart killings constitute second-degree murder,〔Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, New York, NYL 2004, p. 797〕 while in others, the act would be charged with varying degrees of manslaughter.〔(【引用サイトリンク】title=§ 163.118¹ Manslaughter in the first degree )〕
If no death results, such an act would generally constitute reckless endangerment (sometimes known as "culpable negligence") and possibly other crimes, such as assault.
==Common law background==
The common law punishes unintentional homicide as murder if the defendant commits an act of gross recklessness. A classic example of depraved-heart murder under the common law is in the case ''Commonwealth v. Malone'', a Pennsylvania case in which the court affirmed the second-degree murder conviction of a teenager for a death arising from a game of Russian roulette.〔''Commonwealth v. Malone'', 47 A.2d 445 (PA 1946)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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