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Criminal Jury Instructions  

Criminal Jury Instructions

 

EXTREME INDIFFERENCE TO HUMAN LIFE

"Indifference" means simply not caring.  It means lacking any interest in a matter one way or the other.  Extreme means existing in the highest or greatest possible degree.  Extreme indifference is more than ordinary indifference.  It is synonymous with excessive and is the greatest departure from the ordinary.  What evinces an extreme indifference to human life is a question of fact.

Commentary:  There is no statutory definition of "extreme indifference to human life," but its meaning has been extensively discussed in the case law.  See  State v. McMahon, 257 Conn. 544, 550-57 (2001), cert. denied, 534 U.S. 1130, 122 S.Ct. 1069, 151 L.Ed.2d 972 (2002) (discussing plain meaning and judicial interpretations of "extreme indifference to human life" and "grave risk of death"); see also State v. Garcia, 81 Conn. App. 294, 309-10 (2004) (distinguishing it from ordinary recklessness); State v. Best, 56 Conn. App. 742, 754-56, cert. denied, 253 Conn. 902 (2000) (discussing ordinary meaning of the terms); State v. Bunker, 27 Conn. App. 322 (1992) (distinguishing recklessness and 'aggravated recklessness' when offenses involving both were involved). 

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