Maryland Man has bunker built under home and worker dies while digging
- Thread starter Misfit
- Start date
gemma_rae
Well-Known Member
![Mystery-Men-Shoveler-costume[1].jpg](https://forums.somd.com/data/attachments/84/84180-e50da2753269b8252dbd38a181311b4f.jpg "Mystery-Men-Shoveler-costume[1].jpg")
This just proves that the cops/courts can indeed make up charges when they want to punish someone. "Depraved heart" is so subjective and vague, hell we should all be in jail. I'm not even sure what the hell that means - the judge just made that up.
Not that this guy isn't crazy - according to the news story, he clearly is unhinged. But guilty of murder? That's a stretch.
Not that this guy isn't crazy - according to the news story, he clearly is unhinged. But guilty of murder? That's a stretch.
MiddleGround
Well-Known Member
Isn't "Depraved heart murder" the latest thing that they use to convict drug pushers for their customer's OD deaths?
https://en.wikipedia.org/wiki/Depraved-heart_murder
In United States law, depraved-heart murder, also known as depraved-indifference murder, is a type of murder where an individual acts with a "depraved indifference" to human life and where such act results in a death, despite that individual not explicitly intending to kill. In a depraved-heart murder, defendants commit an act even though they know their act runs an unusually high risk of causing death or serious bodily harm to a person. If the risk of death or bodily harm is great enough, ignoring it demonstrates a "depraved indifference" to human life and the resulting death is considered to have been committed with malice aforethought.[1][2] In some states, depraved-heart killings constitute second-degree murder,[3] while in others, the act would be charged with varying degrees of manslaughter.[4]
If no death results, such an act would generally constitute reckless endangerment (sometimes known as "culpable negligence") and possibly other crimes, such as assault.
It [`depraved heart' murder] is the form [of murder] that establishes that the wilful doing of a dangerous and reckless act with wanton indifference to the consequences and perils involved, is just as blameworthy, and just as worthy of punishment, when the harmful result ensues, as is the express intent to kill itself. This highly blameworthy state of mind is not one of mere negligence.... It is not merely one even of gross criminal negligence.... It involves rather the deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not. The common law treats such a state of mind as just as blameworthy, just as anti-social and, therefore, just as truly murderous as the specific intents to kill and to harm.[5]
glhs837
Power with Control
Yep, it's been used a lot recently. I think it means you cared so little for someones life (thats the depraved part) that you put them in a siutation where you were pretty sure they were at a high risk of dying and gave no sh%$s at all. Ah, nailed it........ I wrote the above before looking it up 
https://en.wikipedia.org/wiki/Depraved-heart_murder
https://en.wikipedia.org/wiki/Depraved-heart_murder
I had never even heard of that before.
So who makes the determination that an employer acted with a depraved heart? Here are the most dangerous jobs in America:
http://www.businessinsider.com/most-dangerous-jobs-2011-9
Does that mean when (not if) someone dies on the job, their employer is guilty of "depraved heart murder"?
So who makes the determination that an employer acted with a depraved heart? Here are the most dangerous jobs in America:
http://www.businessinsider.com/most-dangerous-jobs-2011-9
Does that mean when (not if) someone dies on the job, their employer is guilty of "depraved heart murder"?
People get attacked and killed all the time trying to "help" some #### bag who pretends distress in order to sucker them in. We, as a society, have learned to ignore cries for help, especially in big cities that have large numbers of #### bags.
Grumpy
Well-Known Member
Thought there already was..Wasn't Jerry, Elaine, George and Kramer locked up for that?
glhs837
Power with Control
Nope, but they can do jail time for negligence if it's shown that they didnt ensure safe working conditions
I think two things bear on this.
1. "Employer" might be a bit iffy to describe the legal relationship. If I hire you to mow my lawn, are you my employee?
2. Now as my nont-employee, whats my responsibility to provide you with a safe-ish working environment? Do you have any idea what sort of OSH regs relate to digging and tunneling?
Thats where depraved heart comes in, I'll bet. And if the millionare knew the guy was operating outside the rules in the interests of getting his tunnels done quietly and off the planning and zoning radar, then he's got some responsibility.
Might be. Didn't watch that one.
gemma_rae
Well-Known Member
Yep, watched a fat guy get mugged and just made jokes about him. Apu testified Jerry forgot to mail his citizenship papers and was a verry badt mun!
There is a list of iirc 16 criteria to tell whether someone is considered an employee vs. a contractor and there is no cut&dry answer. If someone gets paid by the hour and uses tools of the homeowner working under the direct direction of the homeowner, they may be found to be an employee. If they get paid by the acre, use their own equipment and work on their own time, they are more likely to be found an IC. This has mostly tax and workman's comp implications.
Lurk
Happy Creepy Ass Cracka
Characterization of the homeowner as a millionaire makes this a class warfare case. In that case, the prosecutor (must be an SJW being from Montgomery county) says the millionaire had a depraved heart.
Sounds like the perfect charge for every DUI death.