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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
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)

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