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Mr. Rakowitz said he was guilty of depraved indifference because instead of stopping the killing, he smoked marijuana and watched.
This master of depraved indifference has come to know a thing or two about revolving-door justice.
"It does seem odd that with someone who blows a.28, we can't use depraved indifference, but someone blows half of that, we can," he said.
In a series of recent cases, culminating in the 2006 ruling People v. Feingold, the Court of Appeals has held that depraved indifference is a state of mind.
The deliberate sabotage of computers is an act of depraved indifference to the physical security and economic and intellectual integrity of every person alive.
The movie begins as Robert is released from prison, having served eight years for "depraved indifference to human life," after his "ab clicker" chopped off the fingers of 3,000 consumers.
A jury convicted Mr. DiGuglielmo in 1996 of depraved indifference murder for fatally shooting Charles Campbell, who had gotten into a fight with Mr. DiGuglielmo's father and brother-in-law over where Mr. Campbell had parked his Corvette.
The gunman, identified by police as Colin Ferguson, 35, of Brooklyn, was arraigned in Nassau County Court this morning in Hempstead and charged with four counts of intentional murder and four counts of depraved indifference to murder.
Jurors were asked to consider charges of intentional murder and "depraved indifference" murder, a category that carries the same penalty as intentional murder but for which the burden of proof is somewhat less.
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The court is evaluating three other cases in which drivers received stiff sentences after convictions for depraved-indifference murder in deadly crashes; a decision is expected this year.
In his mother's murder, Mr. Tankleff was acquitted of intentional murder and convicted of depraved indifference murder.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com