Yes. In an aggravated manslaughter case, a defendant must acted under circumstances manifesting extreme indifference to human life. Keep in mind that the term “under circumstances manifesting extreme indifference to human life” does not focus on the defendant’s state of mind but rather the objective circumstances of the defendant’s actions. If there is a probability of death – in contrast to a mere possibility of death – then the conduct was “under circumstances manifesting extreme indifference to human life.” An individual is exposed to a New Jersey criminal charge for aggravated manslaughter when this is the case. Mere possibility of death, in contrast, may support a lesser offense, namely, reckless manslaughter.
Home Is There A Distinction Between A Possibility Of Death Versus Probability of Death In A Manslaughter Case?
