depraved indifference homicide. the classic law school example of that is like the guy who shoots a gun into a crowd. he is not aiming at any person but headless. danger to everyone. this is that kind of a thing. this guy wasn t intending to kill any particular person but what he did was so reckless and so indicative of depravity that it should be charged as murder on that theory. dana: all right. andy mccarthy, thank you so much. michigan democrat congresswoman tlaib endorsing a proposal to empty federal prisons in the next 10 years. i think everyone is oh my god we ll are he lease everybody. do you see how many people are mentally ill that are in prison right now? your proposal is so sweeping. it does release everyone.
that, investigation is going to be taken as to apparently he gave a lot of gifts to the department. very noble gifts like money for police cars if that s the reason why he got the reserve officer of the year that s crazy. that s the reason why he s in that position. then the lawsuit i ve given money to police in the past, that doesn t make you ready to be due tiesed and takedown suspects. i have two words for you, shaquille o neal steven seagal. it happens in every major city. i don t think the prosecutor had a choice here. he had to file these charges. everything that mark said earlier should be taken into consideration about his plea bargaining and whether you offer this man a much lower jail sentence. there s no way they could have not charged him under these circumstances. he caved to public pressure. he did not. this is a law school example. another second. i disagree with you, my bald
shaquille o neal steven seagal. it happens in every major city. i don t think the prosecutor had a choice here. he had to file these charges. everything that mark said earlier should be taken into consideration about his plea bargaining and whether you offer this man a much lower jail sentence. there s no way they could have not charged him under these circumstances. he caved to public pressure. he did not. this is a law school example. another second. i disagree with you, my bald brother. go to my church. great to see you both. bye. a famous actress just revealed she has cancer, and wait unti i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.
same logic on its ted. what sane, rational person would drive a car? that is law school example for depraved indifference that they use. i would make your case right against you, look, if he is depressed after the quote, unquote, accident, that means he knew right from wrong. in other words why would he be depressed if nothing he had done was wrong? that is the mental culpability of a insanity defense. you don t have it here, doug, because he was depressed because he knew what he did was wrong. jon: this is a preliminary hearing as you know to try to figure out exactly what charges he will face when he does go to trial. murder is apparently a possibility here, doug but it s pretty rare that people get first-degree murder charges coming out of an automobile incident, right. no, it is rare and i agree with you but i want to draw a quick legal distinction which i m sure lis will agree with, at the preliminary hearing phrase,
is very unique to you? the law in colorado is very unique. unlike the laws in new york, you want to use the insanity defense, the burden is on the defense to prove to the jurors that the defendant did not know right from wrong. a classic law school example and squeezed it. they thought they were squeezing a banana but it was a semiautomatic. in colorado it is the other way around. the burden is on the prosecutor to prove he was sane. when the burden shifts to the prosecution, the handcuffs come off the prosecutors and the judges allow much more liberal evidence. the truth serum thing is basically, it is not really a truth serum. it s somewhat like alcohol. it allows your inhibitions to drift away. there s something in the front of your mind that you re creating or you re pretending, in theory it is supposed to not be able