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No, that's not the point of depraved heart murder. It's a culpable state-of-mind standard that requires the prosecution to prove that the defendant acted with "utter disregard" for human life. The predicates are (1) a set of reckless actions that were likely to put lives at risk and (2) a total indifference, unmitigated by any actions whatsover to prevent harm, to the prospect of causing harm.

Read the case you just cited. It overturns a depraved indifference conviction and so goes deep into the details on this.




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