Premium Essay

Depraved Heart Murder Case Study

Submitted By
Words 750
Pages 3
2. Depraved Heart Murder also known as reckless second – degree murder;
Is the defendant aware that killing another human being, as a result of a knowingly dangerous act with reckless and cruel unconcern as to whether anyone is harmed or not is a crime?

3. The defendant was charged with reckless second – degree murder and endangering a child.

4.
– Deputy Shumate had been to the Davidson house in January 1996 when one of the neighbors complained about their dogs running loose. Sabine Davidson told him that she would keep the dogs in the fenced enclosure. The fenced enclosure that Shumate saw in January 1996 was still in use in April 1997, when the incident occurred.
– The defendant in 1995 began purchasing Rottweilers. Timothy Himelick, …show more content…
6. The defendant is the Appellant.

7.
- The defendant argues that the State’s evidence establishes only that she failed to secure/confine the dogs.
- She then mentions that the State has failed to prove foreseeability, that she had knowledge the dogs would attack someone, let alone harm or kill someone.
- The defendant also argues the State failed to prove that her conduct was inherently dangerous to human life and that she was indifferent to that danger.
- She argues that all she did was let the dogs into the fenced area, take a pill, and go to sleep.

8. Whether the State presented evidence sufficient to sustain a conviction of reckless second – degree murder.

9. A. Affirmed
B. The prosecutor won.

10. The court concluded that the evidence showed that the defendant created an unreasonable risk and then consciously disregarded it in a manner and to the extent that it reasonably could be inferred that she was extremely indifferent to the value of human life.

11. That in a crime of reckless second – degree murder, the defendant is guilty if unintentionally but recklessly under circumstances showing extreme indifference to the value of human

Similar Documents

Premium Essay

Murder in All Its Forms

...Murder: And all its forms Throughout the criminal justice system, news, and in many other situations the term “murder” is used quite frequently however usually incorrectly. Some people say animals or even trees get murdered, but under the law it is not murder unless a human takes the life of another human. Homicide is a lawful term for any killing of a human being by another human being. Homicide itself is not automatically a crime, some homicides are legal, such as the justifiable killing of a suspect by the police or a killing in self-defense. Unlawful homicides are classified as crimes like murder and manslaughter. This paper will explain the important but often overlooked distinctions between murder and manslaughter, and the different variations of both crimes. When we look at “murder” we must also look at the different degrees of murder which are a reflection of the intent or severity of a certain murder charge. The most common degrees of murder are 1st degree murder and 2nd degree murder and in some cases what we call “capital murder”. Regardless of the label on the degree of the murder committed, the general idea is to increase the punishment with the degree. The more inhumane the killing is, or the motive associated behind the killing, then the greater the punishment and degree is for the murder. We must first understand what murder is: Murder is the killing of one human by another that is intentional, unlawful, and done with “malice aforethought” or in other words...

Words: 1650 - Pages: 7

Free Essay

Crim Outline

...I. Justification of Punishment a. Theories of Punishment and Purpose of Criminal Law Sentencing i. Deterrence 1. Utilitarian concept, forward-looking, premise: humans will act in their own interest 2. Individual Deterrence: general public is protected 3. General Deterrence: helps to protect public at large, justified on grounds of 1) prevention of crime by threat of arrest, conviction, punishment 2) prevention of crime by strengthening of moral norms 3) prevention of crime by stimulating law-abiding contact based on the impulse to conform. 4. Criticisms: 1) ineffective in cases where criminal is motivated by emotional concerns 2) one person might be used as a means to an end in order to deter others and benefit society as a whole ii. Retribution 5. Premise: humans act under free will and must be punished when they choose to violate society’s norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further...

Words: 14497 - Pages: 58

Premium Essay

Integrating Values - the Legality, Morality, and Social Responsibility of the George Brothers & the Largest Pill Mills in South Florida

...supply that is available for consumers that medically need it and how its source can also be an easy access to addicts. Although it is considered legal, is it ethical? In this paper we study different theories in ethics, including Kantian and Utilitarian ethical models. These models provide clear analyses that guide us in deciding if pain medication distribution from pain clinics is ethical. Finally, we review and conclude if the George brother’s pain medication clinics were acting socially responsible within their communities. Given the rise of pain medication abuse and illegal reselling, pain clinics in South Florida should adhere to strict rules to provide services to those that need it and not turn their businesses into pill mills. Introduction Purposes of Paper The intent of this paper is to provide a detailed and analytical examination of the George brother’s pain medication clinics. Throughout this paper all approaches will be examined such as the legality and ethics of the case, and how social responsibility plays a role. In the past few years in South Florida, there has been a rise of pain medication addiction and the reselling of these narcotics. Pain medication clinics have done more harm than good to our communities especially ones like the George brother’s. This case also poses ethical and moral questions like when it is actually legal or illegal to distribute pain medications to consumers. To fully understand our ethical decision making, we will explore...

Words: 6754 - Pages: 28

Premium Essay

Child Molesters, Rapists and Sex Offenders, Who Are They, How They Operate and How Can We Protect Ourselves and Our Children.

...qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyui opasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfgh jklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvb nmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwerty uiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdf ghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxc vbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwer tyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfg hjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcv bnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwert yuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasd fghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzx cvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwe rtyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdf ghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxc vbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwer tyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopas dfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklz xcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrt yuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasd fghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzx cvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwe rtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopa sdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjkl ...

Words: 4372 - Pages: 18

Premium Essay

The Death of Freddie Gray

...Ethical Dilemma Week 8 The Death of Freddie Gray By Hope Schwegler May 4, 2015 Phil 2003 Principles of Ethics Professor Margaret De Alminana ‘On April 12, 2015, Freddie Gray, a 25 year old African American male, was arrested by the Baltimore Police Department. He had a known unethical character and had been involved in twenty criminal court cases, five of which were still active at the time of his death. He was due in court on a possession charge on April 24, 2015. Freddie Gray died on April 19, 2015, due to injuries to his spinal cord. On April 21, 2015, pending an investigation of incident, six Baltimore police officers were temporarily suspended with pay. On May 1, 2015, state prosecutors in Baltimore received a medical examiner’s report ruling Gray’s death as a homicide. Was it foul play that was intentional, gross negligence, or inflicted self harm by the prisoner? We identified “Rae’s first step in making a moral decision is to gather the facts.” Much of the other information had conflicting reports and statements. So what are the “ethical issues that Rae has for level two” in the model for making moral decisions? The formal charge filed by Office Garrett Miller accused Gray of violating statute 19 59 22, “unlawfully carry, possess, and sell a knife commonly called a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City.” The prosecutor alleged that Gray’s arrest was unlawful...

Words: 5828 - Pages: 24

Premium Essay

Serial Killer

...VOLUME EDITOR S. WALLER is an Associate Professor of Philosophy at Montana State University Bozeman. Her areas of research are philosophy of neurology, philosophy of cognitive ethology (especially dolphins, wolves, and coyotes), and philosophy of mind, specifically the parts of the mind we disavow. SERIES EDITOR FRITZ ALLHOFF is an Assistant Professor in the Philosophy Department at Western Michigan University, as well as a Senior Research Fellow at the Australian National University’s Centre for Applied Philosophy and Public Ethics. In addition to editing the Philosophy for Everyone series, Allhoff is the volume editor or co-editor for several titles, including Wine & Philosophy (Wiley-Blackwell, 2007), Whiskey & Philosophy (with Marcus P. Adams, Wiley, 2009), and Food & Philosophy (with Dave Monroe,Wiley-Blackwell, 2007). P H I L O S O P H Y F O R E V E RYO N E Series editor: Fritz Allhoff Not so much a subject matter, philosophy is a way of thinking.Thinking not just about the Big Questions, but about little ones too.This series invites everyone to ponder things they care about, big or small, significant, serious … or just curious. Running & Philosophy: A Marathon for the Mind Edited by Michael W. Austin Wine & Philosophy: A Symposium on Thinking and Drinking Edited by Fritz Allhoff Food & Philosophy: Eat,Think and Be Merry Edited by Fritz Allhoff and Dave Monroe Beer & Philosophy: The Unexamined Beer Isn’t Worth Drinking Edited by Steven D. Hales Whiskey & Philosophy:...

Words: 90119 - Pages: 361

Free Essay

Abstract

...England with the Allans and was enrolled in schools there. After he returned with the Allans to the U.S. in 1820, he studied at private schools, then attended the University of Virginia and the U.S. Military Academy, but did not complete studies at either school. After beginning his literary career as a poet and prose writer, he married his young cousin, Virginia Clemm. He worked for several magazines and joined the staff of the New York Mirror newspaper in 1844. All the while, he was battling a drinking problem. After the Mirror published his poem “The Raven” in January 1845, Poe achieved national and international fame. Besides pioneering the development of the short story, Poe invented the format for the detective story as we know it today. He also was an outstanding literary critic. Despite the acclaim he received, he was never really happy because of his drinking and because of the deaths of several people close to him, including his wife in 1847. He frequently had trouble paying his debts. It is believed that heavy drinking was a contributing cause of his death in Baltimore on October 7, 1849.   Source http://www.cummingsstudyguides.net/Guides4/Rue.html The Murders in the Rue Morgue (1841) First Detective Story   “The Murders in the Rue Morgue” set a milestone in literature as the first detective story ever written. It is sometimes referred to as a tale of ratiocination, the process of using cold, objective logic–including deduction and induction–to solve a problem...

Words: 12400 - Pages: 50

Premium Essay

Oedipus the King

...the Greek text; the numbers without brackets refer to the English text. In the line numbering for the translated text a short indented line is normally included with the short line above it. The translator would like to acknowledge the valuable help provided by Sir Richard Jebb’s translation and commentary. Background Note Sophocles (495 BC-405 BC) was a famous and successful Athenian writer of tragedies in his own lifetime. Of his 120 plays, only 7 have survived. Oedipus the King, also called Oedipus Tyrannos or Oedipus Rex, written around 420 BC, has long been regarded not only as his finest play but also as the purest and most powerful expression of Greek tragic drama. Oedipus, a stranger to Thebes, became king of the city after the murder of king Laius, about fifteen or sixteen years before the start of the play. He was offered the throne because he was successful in saving the city from the Sphinx, an event referred to repeatedly in the text...

Words: 16865 - Pages: 68

Premium Essay

Homework

...'Vhat'Ve Can't A Guide J. Budzisze wski WHAT WE CAN’T NOT KNOW J. BUDZISZEWSKI WHAT WE CAN’T NOT KNOW A Guide Revised and Expanded Edition IGNATIUS PRESS SAN FRANCISCO First edition published by Spence Publishing Company, Dallas, Texas ©2003 by J. Budziszewski All rights reserved Cover illustration: Comstock/Fotosearch.com Cover design by Sam Torode ©2004 Spence Publishing Company Used by permission Published in 2011 by Ignatius Press, San Francisco ©2003, 2011 J. Budziszewski All rights reserved ISBN 978-1-58617-481-1 Library of Congress Control Number 2010927673 Printed in the United States of America To my grandparents Julian and Janina Budziszewski, long departed, not forgotten The mind of man is the product of live Law; it thinks by law, it dwells in the midst of law, it gathers from law its growth; with law, therefore, can it alone work to any result. —George MacDonald CONTENTS PREFACE TO THE SECOND EDITION A New Phase of an Old Tradition ix PREFACE TO THE FIRST EDITION Whom This Book Is For xix ACKNOWLEDGMENTS xxiii INTRODUCTION The Moral Common Ground 3 I THE LOST WORLD Things We Can’t Not Know 1 2 What It Is That We Can’t Not Know 3 Could We Get By Knowing Less? II EXPLAINING THE LOST WORLD 4 The First and Second Witnesses 5 The Third and Fourth Witnesses 6 Some Objections vii 19 29 54 83 93 116 viii WHAT WE CAN’T NOT KNOW III HOW THE LOST WORLD WAS LOST 7...

Words: 89540 - Pages: 359

Premium Essay

Gay and Lesbian Theme

...University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 12-2009 Peeking Out: A Textual Analysis of Heteronormative Images in Prime-Time Television D. Renee Smith University of Tennessee - Knoxville, drsmith@utk.edu Recommended Citation Smith, D. Renee, "Peeking Out: A Textual Analysis of Heteronormative Images in Prime-Time Television. " PhD diss., University of Tennessee, 2009. http://trace.tennessee.edu/utk_graddiss/10 This Dissertation is brought to you for free and open access by the Graduate School at Trace: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of Trace: Tennessee Research and Creative Exchange. For more information, please contact trace@utk.edu. To the Graduate Council: I am submitting herewith a dissertation written by D. Renee Smith entitled "Peeking Out: A Textual Analysis of Heteronormative Images in Prime-Time Television." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, with a major in Communication and Information. Catherine A. Luther, Major Professor We have read this dissertation and recommend its acceptance: Michelle T. Violanti, Suzanne Kurth, Benjamin J. Bates Accepted for the Council: Carolyn R. Hodges Vice...

Words: 33344 - Pages: 134

Premium Essay

Frankenstein

...1816–1817 date of first publication · January 1, 1818 publisher · Lackington, Hughes, Harding, Mavor, & Jones narrator · The primary narrator is Robert Walton, who, in his letters, quotes Victor Frankenstein’s first-person narrative at length; Victor, in turn, quotes the monster’s first-person narrative; in addition, the lesser characters Elizabeth Lavenza and Alphonse Frankenstein narrate parts of the story through their letters to Victor. climax · The murder of Elizabeth Lavenza on the night of her wedding to Victor Frankenstein in Chapter 23 protagonist · Victor Frankenstein antagonist · Frankenstein’s monster setting (time) · Eighteenth century setting (place) · Geneva; the Swiss Alps; Ingolstadt; England and Scotland; the northern ice point of view · The point of view shifts with the narration, from Robert Walton to Victor Frankenstein to Frankenstein’s monster, then back to Walton, with a few digressions in the form of letters from Elizabeth Lavenza and Alphonse Frankenstein. falling action · After the murder of Elizabeth Lavenza, when Victor Frankenstein chases the monster to the northern ice, is rescued by Robert Walton, narrates his story, and dies tense · Past foreshadowing · Ubiquitous—throughout his narrative, Victor uses words such as “fate” and “omen” to hint at the tragedy that has befallen him; additionally, he occasionally pauses in his recounting to collect himself in the face of frightening memories. tone · Gothic, Romantic, emotional, tragic, fatalistic ...

Words: 51140 - Pages: 205

Premium Essay

Scanning Applications

...U.S. Department of Justice Federal Bureau of Investigation 2012 The Strategic Information and Operations Center at FBI Headquarters is the 24/7 command post that monitors FBI operations and law enforcement activities around the globe. An FBI agent examines a potentially contaminated letter during a white powder training exercise. 2012 The FBI Story I A Message from FBI Director Robert S. Mueller, III For the FBI and its partners, 2012 was a year that reminded us once again of the seriousness of the security threats facing our nation. During the year, extremists plotted to attack—unsuccessfully, thanks to the work of our Joint Terrorism Task Forces—the U.S. Capitol, the New York Federal Reserve Bank, and other landmarks on U.S. soil. Tragically, on the 11th anniversary of 9/11, a hateful attack in Benghazi took the lives of the U.S. Ambassador to Libya and three other Americans. In the cyber realm, a rising tide of hackers took electronic aim at global cyber infrastructure, causing untold damages. High-dollar white-collar crimes of all kinds also continued to siphon significant sums from the pocketbooks of consumers. And in Newtown, Connecticut, 20 young children and six adults lost their lives in one of the worst mass shootings in American history, ending a year of violence that saw similar tragedies around the country. Working with its colleagues around the globe, the FBI is committed to taking a leadership role in protecting the nation. As you can see from...

Words: 67387 - Pages: 270

Premium Essay

King Lear

...The Tragedy of King Lear by William Shakespeare An Electronic Classics Series Publication 2 The Tragedy of King Lear is a publication of The Electronic Classics Series. This Portable Document file is furnished free and without any charge of any kind. Any person using this document file, for any purpose, and in any way does so at his or her own risk. Neither the Pennsylvania State University nor Jim Manis, Editor, nor anyone associated with the Pennsylvania State University assumes any responsibility for the material contained within the document or for the file as an electronic transmission, in any way. The Tragedy of King Lear by William Shakespeare, The Electronic Classics Series, Jim Manis, Editor, PSUHazleton, Hazleton, PA 18202 is a Portable Document File produced as part of an ongoing publication project to bring classical works of literature, in English, to free and easy access of those wishing to make use of them. Jim Manis is a faculty member of the English Department of The Pennsylvania State University. This page and any preceding page(s) are restricted by copyright. The text of the following pages are not copyrighted within the United States; however, the fonts used may be. Copyright © 1997 - 2013 The Pennsylvania State University is an equal opportunity University. 3 The Tragedy of KING LEAR by William Shakespeare: His true Chronicle Historie of the life and death of King Lear and his three daughters. With the unfortunate life of Edgar, sonne and heire to...

Words: 27689 - Pages: 111

Free Essay

Batman Dark Knight: Philosophy

...BATMAN AND PHILOSOPHY THE DARK KNIGHT OF THE SOUL Edited by Mark D. White and Robert Arp @ WILEY John Wiley & Sons, Inc. To the memory of Heath Ledger (1979-2008) Copyright © 2008 by john Wiley & Sons, Inc. All rights reserved Published by john Wiley & Sons, Inc., Hoboken, New jerney Published simultaneously in Canada No part of this publication may be reproduced, stored in a reaieval system, or transmit­ ted in any fonn or by any means. electronic, mechanical, photocopying, recording, scan­ ning, or otherwise, except as pennitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written pennission of the Publisher, Clearance Center, 222 Rosewood Drive, Danvern, MA 01923, (978) 750-8400, fax (978) sion should be addressed to the Pennissions Department,john Wiley & Sons,Inc., III or authorization through payment of the appropriate per-copy fee to the Copyright 646-8600, or on the web at www.copyright.com. Requests to the Publisher for pennis­ River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at http://www.wiley.comlgo/pennissions. Limit ofLiabilirylDisclaimer ofWarranry:While the publisher and the author have used their best efforts in preparing this book., they make no representations or warranties with respect to the accuracy or completeness of the contents of this hook and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty...

Words: 8400 - Pages: 34

Premium Essay

Term Paper

...Chapter One – Introduction 1.1: Introduction 1.2: Origin of the study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child...

Words: 23351 - Pages: 94