Intoxication and Extreme-Recklessness Murder: Presenting and Preserving the Issues

• NCJ Number: 116831
• Journal: Criminal Law Bulletin Volume: 25 Issue: 2 Dated: (March-April 1989) Pages: 123-138
• Author(s): M H Hoffheimer
• Date Published: 1989
• Length: 16 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This article argues that the prosecution of intoxicated drivers for extreme-recklessness murder offers opportunity to address and resolve important issues in the substantive law of extreme recklessness.

Abstract

The author first points out a fundamental ambiguity at the core of the extreme recklessness charge that remains unsolved in most jurisdictions - whether an objective or a subjective test for establishing the element of recklessness should be employed. He then suggests methods by which prosecution and defense counsel can sharpen and formulate the substantive law issues, present the issues at trial, and preserve the issues for appellate review. (Author abstract)