The easiest way to describe the differences between murder and homicide is that homicide is the killing of another human being, while murder requires the intent to kill another human being.
wrong wrong wrongedy wrong. Murder by depraved indifference is murder. The intent has nothing to do with it. In NY (where the act took place) the murder was accomplished by reckless endangerment and depraved indifference. Posting dictionary dfinitions misses the issue since 1st, second ,and third degree muder each have different standards and intent isnt the trip point"SHOULD HAVE KNOWN" is.
We arent the prosecutors and I admitted that the choice of the charge was probably an expedient for the purpose of getting some kind of conviction
THe standard was that the parent who withheld the meds from her child and used prayer to affect a cure, SHE SHOULD HAVE KNOWN that the evidence suggested that it wouldnt work and so the mother was playing with the life of her kid, just to gain some imagenary "Points to paradise". INTENT can also imply "KNOWLEDGE OF A PROBABLE OUTCOME" but acting recklessly in a manner counter to this information. That seems to be included within a charge of murder in the third degree.
As long as these religious nuts are given a pass or can have their sentences and charges commuted on appeal, we are not, in cases like these, distributing equal justice.
Its a matter of civil rights v civil rights violated.A murder charge would obviate that distinction in my mind (No matter the outcome , the jury can only vote on the evidence)