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Unintentional Homicides Caused by Risk-Creating Conduct: Problems in Distinguishing Between Depraved Mind Murder, Second Degree Murder, Involuntary Manslaughter, and Noncriminal Homicide in New Mexico

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/9327

Unintentional Homicides Caused by Risk-Creating Conduct: Problems in Distinguishing Between Depraved Mind Murder, Second Degree Murder, Involuntary Manslaughter, and Noncriminal Homicide in New Mexico

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Title: Unintentional Homicides Caused by Risk-Creating Conduct: Problems in Distinguishing Between Depraved Mind Murder, Second Degree Murder, Involuntary Manslaughter, and Noncriminal Homicide in New Mexico
Author: Romero, Leo
Abstract: This article examines unintentional homicides in New Mexico resulting from risk-creating conduct. It considers the statutory scheme for criminal homicides and examines how unintentional killings are defined, classified, and punished. In particular, it evaluates the distinctions used to assign an unintentional killing involving recklessness or negligence to the crimes of first degree murder, second degree murder, or involuntary manslaughter. This article also analyzes the distinction between criminal and civil liability for unintended deaths." In addition, the article questions the need for two degrees of depraved mind murder and especially the need for grading depraved mind murder as first degree murder. The article concludes with proposed legislative revisions and jury instructions that will remedy the problems in the current law.
Date: 1990
Publisher: University of New Mexico School of Law
Citation: 20 N.M. L. Rev. 55 (1990)
URI: http://hdl.handle.net/1928/9327


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