General Discussion

jberryhill

(62,444 posts)

88. Can you identify any state which does?

Fri Jul 21, 2017, 10:16 PM

Jul 2017

You seem to have confused an element of other crimes as being some sort of independent crime.

"Depraved indifference to the lives of others" is not some sort of crime.

It will upgrade a homicide in certain instances.

For example, if by simple negligence, you kill someone, that's ordinarily among the lowest grades of homicide, sometimes called "manslaughter" in some jurisdictions. For example, you run a construction site, and did not use proper darters precautions, and someone was killed by a falling brick.

"Depraved indifference" is where you are tossing a brick from a freeway overpass, and randomly kill someone. That will generally be a notch above the type of thing above.

People on DU get their jollies from accidental deaths on a regular basis and call them "Darwin Awards". One need spend no more than a month here to see the same behavior on this forum. It's funny to many people here when people die.

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Florida Teens Will Face Charges After Mocking, Filming Death Of Drowning Man (UPDATED) [View all] sheshe2 Jul 2017 OP

This message was self-deleted by its author COLGATE4 Jul 2017 #1

Those are bullshit charges. They should be thrown out of court. COLGATE4 Jul 2017 #2

Public outrage demanded they find something to charge them with. EL34x4 Jul 2017 #3

And when a judge stops laughing long enough to throw COLGATE4 Jul 2017 #4

I agree. What they did was disgusting, but not a crime. VermontKevin Jul 2017 #13

It should be.. whathehell Jul 2017 #56

Right, or somesuch, elleng Jul 2017 #59

Yeah..There's a couple of posts here that I find disturbing whathehell Jul 2017 #60

Whathehell? Is all I have to say. sheshe2 Jul 2017 #80

Yep..That poster forgot to mention the victim was disabled too. whathehell Jul 2017 #83

Even with the disabled that only applies up to a point HockeyMom Jul 2017 #305

In pointing out the victim's disability, whathehell Jul 2017 #306

Amazing. cwydro Jul 2017 #112

It's not something I expected to see here. cwydro Jul 2017 #117

Yes, although I'd honestly be surprised to see it anywhere. whathehell Jul 2017 #207

Yes, as Democrats aren't we supposed to be about social responsibility? whathehell Jul 2017 #220

What is the definition of depraved indifference? Orrex Jul 2017 #273

I think they could be charged for filming it. forgotmylogin Jul 2017 #160

It is a crime...depraved indifference. Demsrule86 Jul 2017 #222

"Depraved indifference" is not a crime. It is an element or descriptor. VermontKevin Jul 2017 #259

how about not reporting an accident. demigoddess Jul 2017 #262

It can be a crime...I hope there are some charges against these terrible kids...they serial killers Demsrule86 Jul 2017 #266

In Washington state it is a crime Generic Other Jul 2017 #307

Somehow I think "laughing" might be just a tad inappropriate here.. whathehell Jul 2017 #71

Not laughing about the incident - laughing about the fool of COLGATE4 Jul 2017 #85

Yes, but given the context, whathehell Jul 2017 #205

Yes. (Retired) COLGATE4 Jul 2017 #267

"Depraved indifference" most clearly apply to racists who want to bellow Judi Lynn Jul 2017 #175

Laughing? cwydro Jul 2017 #179

You are obviously desperate to find something to be COLGATE4 Jul 2017 #243

Did you read it all and have no outrage yourself? sheshe2 Jul 2017 #5

Yes but it is not a crime jberryhill Jul 2017 #9

But in the video, the observers say, "Oh he not coming back up" "He just died" aikoaiko Jul 2017 #35

Um jberryhill Jul 2017 #84

They left him and didn't tell anyone. kcr Jul 2017 #89

And if they called the medical examiner, he'd be alive? jberryhill Jul 2017 #93

Right. Laughing at him and doing nothing is the right move! kcr Jul 2017 #94

Excuse me? jberryhill Jul 2017 #96

You didn't? Could have fooled me with your posts in this thread. kcr Jul 2017 #98

Okay jberryhill Jul 2017 #100

I never claimed you approved of it. But it's clear you don't see anything wrong with it. kcr Jul 2017 #101

Again you couldn't be further from the truth jberryhill Jul 2017 #119

So what? Ask me how shocked I am that Florida doesn't have a law against this. kcr Jul 2017 #130

Will you be contacting your state legislators? jberryhill Jul 2017 #134

So you're going to double down kcr Jul 2017 #138

It will happen again jberryhill Jul 2017 #139

You are the one who is hung up on the legalities. kcr Jul 2017 #170

The title of this thread is "Florida Teens Face Charges" jberryhill Jul 2017 #171

You found it so disturbing that you were compelled to tell people it isn't illegal. kcr Jul 2017 #174

Hardly jberryhill Jul 2017 #176

So you have based everything you say here on the title of the article and nothing else. sheshe2 Jul 2017 #192

They are "little pieces of filth" as you put it jberryhill Jul 2017 #194

Pretty sure we cleared all this up in my post 200 sheshe2 Jul 2017 #202

It's a bad analogy. whathehell Jul 2017 #217

Give me some links. sheshe2 Jul 2017 #159

Links to what? jberryhill Jul 2017 #162

Here's a link jberryhill Jul 2017 #178

Excuse yourself.. whathehell Jul 2017 #216

wow. cwydro Jul 2017 #121

What's amazing? jberryhill Jul 2017 #125

Again. cwydro Jul 2017 #133

Then it should be. Mocking someone who is dying instead of doing anything at all to help like lunamagica Jul 2017 #146

I agree with you jberryhill Jul 2017 #149

Well, perhaps after this, it will be. lunamagica Jul 2017 #156

jberryhill once shot a man in Reno just to watch him die Orrex Jul 2017 #301

Thank you.. whathehell Jul 2017 #244

Hey, jberry sheshe2 Jul 2017 #97

Is that also a crime? jberryhill Jul 2017 #122

I think it is the least wrong, but it is the one that is codified. aikoaiko Jul 2017 #103

The law requires calling the ME, not someone else jberryhill Jul 2017 #127

Either way, but 911 dispatch can send the ME. aikoaiko Jul 2017 #140

Okay, so... jberryhill Jul 2017 #143

No I'm not, but apparently that's not against the law. aikoaiko Jul 2017 #147

Absurd.. whathehell Jul 2017 #209

Um.. whathehell Jul 2017 #215

It should be.. whathehell Jul 2017 #64

"Depraved indifference" is not a crime. It's an adjective. X_Digger Jul 2017 #118

So sorry, dear.. whathehell Jul 2017 #210

The kids in the video said he was not coming back up. sheshe2 Jul 2017 #87

See my post above jberryhill Jul 2017 #90

Just reading this thread is horrifying to me. cwydro Jul 2017 #108

I am here less and less. sheshe2 Jul 2017 #113

yes. cwydro Jul 2017 #116

Who is defending that behavior? jberryhill Jul 2017 #128

Still amazed. cwydro Jul 2017 #145

It's beyond mine too jberryhill Jul 2017 #151

Yet your focus has been on the law and that alone. sheshe2 Jul 2017 #166

This is one of two threads I've commented on this story jberryhill Jul 2017 #168

I did not say my OP was about criminal charges alone. sheshe2 Jul 2017 #181

No, the OP is about both common decency and criminal charges.. whathehell Jul 2017 #237

Apparently there are DUers who confuse General Discussion with a Law forum. whathehell Jul 2017 #226

It's less about "defending" and more about ignoring the absolute immorality of these acts whathehell Jul 2017 #218

It's not "hostility to the idea of legal sanctions" COLGATE4 Jul 2017 #254

Technically, no whathehell Jul 2017 #274

As an attorney my job is not to 'express disgust for the acts of the perpetrators'. It is to see COLGATE4 Jul 2017 #281

You're not at your job now --In fact, by your own admission, you're a RETIRED attorney whathehell Jul 2017 #294

Whether or not I'm practicing at the moment has nothing to do with COLGATE4 Jul 2017 #296

When you're a hammer, everything is a nail whathehell Jul 2017 #299

When the 'outraged community' gets the law changed, we'll talk. COLGATE4 Jul 2017 #300

"Until then the correct result occurred"? whathehell Jul 2017 #304

Whining because the law doesn't work the way you COLGATE4 Jul 2017 #308

Lol...Non-responsive whathehell Jul 2017 #309

No, cwyro, you belong here..The sociopaths who apparently don't know whathehell Jul 2017 #224

This has been an eye-opening thread. cwydro Jul 2017 #225

Agreed. Ms. Toad Jul 2017 #260

I did. Yes I am outraged, sickened and saddened. Caliman73 Jul 2017 #11

Not at all and I did not write the article, nor did I say that. sheshe2 Jul 2017 #15

Depraved Indifference.. whathehell Jul 2017 #40

I feel the most affinity with your post mchill Jul 2017 #43

Thank you..I am finding some of the other responses here whathehell Jul 2017 #54

I'm with you. cwydro Jul 2017 #172

Thank you for saying.. whathehell Jul 2017 #206

It will be the new tRump generation of sociopaths. sheshe2 Jul 2017 #45

In fairness, I can't blame this on Trump, but it does seems a relatively recent whathehell Jul 2017 #49

There is no criminal statute for 'Depraved Indifference to human life.' FFS. n/t X_Digger Jul 2017 #120

Then there should be.. whathehell Jul 2017 #208

"There oughta be a law!" X_Digger Jul 2017 #236

Thanks for confirming your lack of concern for social responsibility whathehell Jul 2017 #277

Honestly, I was more outraged reading about the BART passenger yesterday... EL34x4 Jul 2017 #27

I do have a few questions myself... Archae Jul 2017 #41

I read that he'd just had a family fight and his fiancee had left him MrPurple Jul 2017 #57

Ah, thanks for the info. Archae Jul 2017 #63

Having weed on them and maybe growing up in a gang environment, they weren't likely to call police MrPurple Jul 2017 #67

No excuse, and does NOT explain they're mocking & having "fun" with a dying man whathehell Jul 2017 #81

Agreed. Archae Jul 2017 #110

Yes they are. cwydro Jul 2017 #131

Weed. sheshe2 Jul 2017 #203

Well sheshe2 Jul 2017 #102

Suicide? "He was screaming for someone to help him." mcar Jul 2017 #223

That doesn't rule out suicide attempt. LisaL Jul 2017 #238

Regardless he was calling for help mcar Jul 2017 #239

He voluntarily went into water. So nobody murdered him. LisaL Jul 2017 #283

And i said that where, exactly? mcar Jul 2017 #295

"A career criminal who was just sprung from prison...I'm not losing any sleep" whathehell Jul 2017 #46

I have no clue why you would ever think to bring up his record... sheshe2 Jul 2017 #48

So why was he IN that pond? Archae Jul 2017 #53

The video is at the link...so is the rest of the story. sheshe2 Jul 2017 #58

Yeah..Like those filming & mocking this death were just responding to whathehell Jul 2017 #62

Whatever inspired you to decide you would post this man's mugshot, record? Judi Lynn Jul 2017 #65

+infinity. sheshe2 Jul 2017 #68

Same here, sheshe2. We both know progressives have never seen life that way. It doesn't happen. n/t Judi Lynn Jul 2017 #73

This just hurts my heart. sheshe2 Jul 2017 #76

A need to rationalize his indifference? whathehell Jul 2017 #228

Since when did driving with a suspended license & other petty crap warrant the death penalty? catbyte Jul 2017 #95

Thank you, catbyte. sheshe2 Jul 2017 #105

Petty crap? He served four years for aggravated assault. EL34x4 Jul 2017 #212

The indifference these soulless freaks showed this man had NOTHING to do with his record whathehell Jul 2017 #232

How do you know that? How do you know they didn't know him? EL34x4 Jul 2017 #235

And what does any of that have to do with those little creeps delight at watching him drown? catbyte Jul 2017 #240

where am I? lunasun Jul 2017 #165

Dang, I'm asking myself the same. cwydro Jul 2017 #177

If you are ever unfortunate enough to encounter a dying person Swagman Jul 2017 #269

Yes, and public outrage is appropriate here. whathehell Jul 2017 #77

Just as with Zimmerman, the cops aren't trying to win sharedvalues Jul 2017 #50

Yep. You've got it. COLGATE4 Jul 2017 #86

Really? nt cwydro Jul 2017 #111

Yes. There are no laws that have been violated. COLGATE4 Jul 2017 #142

All good then. cwydro Jul 2017 #148

You seem to think that if one says, "no law has been broken" that that equates to.. X_Digger Jul 2017 #152

Some people have no sense of morality jberryhill Jul 2017 #157

"There oughta be a law!" X_Digger Jul 2017 #167

Looks like I should have appended the sarcasm tag. cwydro Jul 2017 #211

Except those of human decency.. whathehell Jul 2017 #234

You're confusing morality with legality. COLGATE4 Jul 2017 #241

No...Although they often do go hand, this thread is about human decency AND legality whathehell Jul 2017 #246

No. It's about whether these kids should be charged with a crime. COLGATE4 Jul 2017 #248

By virtue of what?...Who or what decides that? whathehell Jul 2017 #275

By virtue of the fact that we are a nation of laws which we have COLGATE4 Jul 2017 #280

The fact that we are a "nation of laws" does not define the subject of this thread.. whathehell Jul 2017 #293

The subject of this thread was supposed charges to be brought against COLGATE4 Jul 2017 #297

there are charges...depraved indifference comes to mind...I hope these little bastards Demsrule86 Jul 2017 #221

"Depraved indifference" is not a charge. It's an adjective used to define COLGATE4 Jul 2017 #242

Agreed. This is wrong. Being a bad person isn't against the law. Oneironaut Jul 2017 #252

One of the first rules of water rescue is not to swim out to a drowning person. They will climb you elehhhhna Jul 2017 #6

Then why did the not call 911 immediately? sheshe2 Jul 2017 #10

Probably because they wouldn't call 911 for any reason. EL34x4 Jul 2017 #17

Perhaps they were just underage, smoking pot as the link said... sheshe2 Jul 2017 #69

Right, so you just leave and do nothing. That makes sense /sarcasm kcr Jul 2017 #92

I won't call 911 for any reason. I don't want the police to come to me so they can find a criminal u KWR65 Jul 2017 #263

You'd have to be simple to believe that the police LittleBlue Jul 2017 #124

Ohh bullshit Lee-Lee Jul 2017 #204

I find it unlikely 911 could have gotten there in time even if they called. LisaL Jul 2017 #231

They were probably too stupid to remember the number LastLiberal in PalmSprings Jul 2017 #23

I didn't say they aren't assholes with undeveloped frontal cortex's, who know water rescue elehhhhna Jul 2017 #47

Is filming and laughing also a rule of water rescue? sharedvalues Jul 2017 #51

Yes, thanks, that's a very succinct and accurate recap of my post elehhhhna Jul 2017 #75

Ok, sorry. I was a lifeguard, I practiced water rescues sharedvalues Jul 2017 #79

It was a perfectly valid question kcr Jul 2017 #104

Are you looking for argument? An extended post on water safety? elehhhhna Jul 2017 #106

Whoa... Backing away slowly n/t kcr Jul 2017 #107

Behaving like Republicans Achilleaze Jul 2017 #7

Please.. whathehell Jul 2017 #66

I just watched a report in this malaise Jul 2017 #8

Yes... sheshe2 Jul 2017 #12

Taught them no empathy. VermontKevin Jul 2017 #14

Thank you, Kevin. sheshe2 Jul 2017 #16

We use the word "rehabilitate." As if some people had been habilitated VermontKevin Jul 2017 #19

Sociopaths No conscience whathehell Jul 2017 #42

Foresight apkhgp Jul 2017 #25

Agreed malaise Jul 2017 #26

The are most definately headed down the wrong road. sheshe2 Jul 2017 #38

re: "When you exhibit a lack of empathy like this then it is only a matter of time..." thesquanderer Jul 2017 #55

Mocking apkhgp Jul 2017 #61

These kids are sociopaths. They may not have done anything technically illegal, but it smirkymonkey Jul 2017 #82

I agree. They are sociopaths. They have to be lunamagica Jul 2017 #135

Yes, these witnesses are vile, evil, perhaps even sociopathic. But "legal" is not "technically WinkyDink Jul 2017 #182

Ok, so it's "legal". They are still sociopathic little fuckers. smirkymonkey Jul 2017 #189

Does Florida not have a depraved indifference law? Solly Mack Jul 2017 #18

If not they should have, Solly. sheshe2 Jul 2017 #20

This went well beyond not rendering aid. They mocked a victim while he died. Solly Mack Jul 2017 #28

Still not a crime. Just heinous behavior. marybourg Jul 2017 #31

Pity. Horrible kids. The kind of kids people would want to avoid. Solly Mack Jul 2017 #33

"Depraved indifference" would not apply here. WinkyDink Jul 2017 #24

OK Solly Mack Jul 2017 #29

"Depraved indifference" only applies when you've marybourg Jul 2017 #32

OK Solly Mack Jul 2017 #34

Can you identify any state which does? jberryhill Jul 2017 #88

OK Solly Mack Jul 2017 #91

It's called Duty to Rescue and some states have it. kcr Jul 2017 #114

Thank you. Solly Mack Jul 2017 #115

Which states? jberryhill Jul 2017 #137

Perhaps I could kcr Jul 2017 #169

Even those states that have duty to rescue wouldn't demand a rescue if the rescue is dangerous for LisaL Jul 2017 #229

"Florida does not" have it.. whathehell Jul 2017 #227

"Depraved indifference" is not a crime. It's an adjective. X_Digger Jul 2017 #126

Thank you. Solly Mack Jul 2017 #129

jesus loves the little children nt msongs Jul 2017 #21

There is no American law that requires a bystander to help or even seek help for WinkyDink Jul 2017 #22

Not true. Some states do require it. Just not Florida n/t kcr Jul 2017 #123

It would be helpful if you identified one jberryhill Jul 2017 #158

Find one example of a prosecution. WinkyDink Jul 2017 #214

Nobody is going to require a rescue if this rescue is dangerous for the rescuer. LisaL Jul 2017 #230

Hey, it's Florida. They were standing marybourg Jul 2017 #30

Hate to be them when they're eventually outed. Iggo Jul 2017 #36

Yup... sheshe2 Jul 2017 #37

Its like a macabre scene from "Lord of the Flies". nt procon Jul 2017 #39

Kitty Genovese (nt) XRubicon Jul 2017 #44

... was not the situation that most think. See the wiki page for details. n/t X_Digger Jul 2017 #136

Really? XRubicon Jul 2017 #141

... X_Digger Jul 2017 #144

Read it again XRubicon Jul 2017 #150

Okaaay... X_Digger Jul 2017 #153

If you want to ignore that at least one person did not help her XRubicon Jul 2017 #155

Empathy is not taught well anymore bucolic_frolic Jul 2017 #52

How about instead of charging them, put their faces on every news media and all over the internet stevenleser Jul 2017 #70

That works for me Steve. sheshe2 Jul 2017 #74

That's a great idea, and I hope that if nothing else, the charges will make their faces and lunamagica Jul 2017 #154

I so agree with this. cwydro Jul 2017 #180

They are minors. LisaL Jul 2017 #233

They put it on social media treestar Jul 2017 #276

Clockwork Orange. Their only power was powerlessness, delisen Jul 2017 #72

This is one of the most awful stories I have heard, maybe... LAS14 Jul 2017 #78

This whole incident, and the rationalization of those "defending" those cruel beasts.... George II Jul 2017 #99

Posting the drowned man's rap sheet was cold. sheshe2 Jul 2017 #109

hey, it makes it all justified right? cwydro Jul 2017 #164

Agreed. Starry Messenger Jul 2017 #298

You're confusing pointing out that they broke no COLGATE4 Jul 2017 #163

They broke the law of humanity and decency. sheshe2 Jul 2017 #173

Pointing out facts is not "defending" anything. Disregarding facts is, however, what Trump voters WinkyDink Jul 2017 #213

I am defending the rule of law. And, your assertion to the COLGATE4 Jul 2017 #245

That may be true. My concern is with them being COLGATE4 Jul 2017 #256

It makes me very sad. cwydro Jul 2017 #183

Words Don't Suffice Me. Jul 2017 #132

Agree sheshe2 Jul 2017 #161

Your honor they did not have to rescue him Watchfoxheadexplodes Jul 2017 #184

Guess they were to busy filming his death to make the call. sheshe2 Jul 2017 #186

Said nobody COLGATE4 Jul 2017 #258

While I think most of us would love an opportunity to slap some sense Warpy Jul 2017 #185

I know there will probably be no charges. sheshe2 Jul 2017 #187

Dunno, I knew some callow shitheads in high school Warpy Jul 2017 #188

Message auto-removed Name removed Jul 2017 #190

Lock 'em up! jberryhill Jul 2017 #191

Post removed Post removed Jul 2017 #193

Message auto-removed Name removed Jul 2017 #195

Justice without hatred is an empty gesture jberryhill Jul 2017 #196

You attack the OP for calling them filth, yet you yourself called them "monsters." SunSeeker Jul 2017 #197

Thank you my friend. sheshe2 Jul 2017 #198

Love you she. SunSeeker Jul 2017 #199

I love you too, SunSeeker. sheshe2 Jul 2017 #201

Your friend that you were posting to? sheshe2 Jul 2017 #200

Florida: No need to help anyone HAB911 Jul 2017 #219

A requirement to help someone in this context COLGATE4 Jul 2017 #247

If they recorded it without sound, or the comments... maveric Jul 2017 #249

Since they are charged with failure to report death, presumably that wouldn't change LisaL Jul 2017 #250

I have slogged through this thread NastyRiffraff Jul 2017 #251

I was rather appalled at the reaction here myself. sheshe2 Jul 2017 #261

I will not even attempt to find this video or watch it sdfernando Jul 2017 #253

As far as I can tell, you can't civilly (or criminally) charge a person for not LisaL Jul 2017 #255

But what about making a snuff film? sdfernando Jul 2017 #257

"Creative prosecutorial thinking" scares the ever-loving-shit out of me. X_Digger Jul 2017 #264

Here's an update-Florida teenagers who filmed drowning death will not be charged malaise Jul 2017 #265

My heart is broken. sheshe2 Jul 2017 #270

As I wrote early one wonders who brought these people up malaise Jul 2017 #272

Instead of trying to legislate morality and women's choice Horse with no Name Jul 2017 #278

They would have to clearly define 'render aid' malaise Jul 2017 #279

What if you don't have a phone on you? LisaL Jul 2017 #282

"render aid" can be defined simply as notification Horse with no Name Jul 2017 #284

Not everybody drives. LisaL Jul 2017 #285

I "get" what you are doing here Horse with no Name Jul 2017 #287

Lets say 10 people witness an accident. One calls 911, the other 9 do not. LisaL Jul 2017 #289

I'm not writing legislation here Horse with no Name Jul 2017 #291

Agreed - we have morons here who believe malaise Jul 2017 #286

I don't believe it's o'key to post videos of dead people without a though for the relatives. LisaL Jul 2017 #288

Who said that? malaise Jul 2017 #290

And if it's not "carefully" crafted it could make criminals out of a lot of people. LisaL Jul 2017 #292

some of the comments on here.. Swagman Jul 2017 #268

Scary malaise Jul 2017 #271

If these precious, beloved little innocent babies get the red out Jul 2017 #302

Man beating a child in Publix HockeyMom Jul 2017 #303

You did the right thing whathehell Jul 2017 #310

BESIDES THESE VERMIN, here is what I'm also shocked by: WinkyDink Jul 2017 #311