What Is a “Depraved Mind” Under Florida’s Homicide Statute?

There are several different types of murder and homicide charges that a person can be charged with in Florida. For example, a person commits murder in the second degree when they commit the “unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life.” Second-degree murder does not require premeditation, but it does require the state to prove that the defendant had a “depraved mind” at the time of the killing.

Florida Appeals Court Upholds Second-Degree Murder Conviction

What exactly is a “depraved mind”? Even judges struggle to come up with a precise definition. In one recent Florida homicide case, Porter v. State, the Florida First District Court of Appeal attempted to shed some light on the subject.

This case began when a group of about 20 high school students went to see a movie. One of the students, the defendant in this case, had a gun on him. According to witnesses, the defendant showed them his gun and “repeated several times that he was going to kill someone.”

After the movie ended, the group exited the theater. At some point, the defendant approached another student. The defendant pulled out his gun and shot the other student, killing him.

The defendant later told the police that he killed the victim because he “got under my skin.” In a subsequent jailhouse telephone call, the defendant also “performed an original rap song about the shooting,” which referenced an apparent gang dispute involving himself and the victim. (The defendant later denied this was a confession, merely an attempt to “boost his street cred.”)

A jury subsequently convicted the defendant of second-degree murder and carrying a concealed firearm. The defendant asked the judge to set aside the verdict and enter a judgment of acquittal. The trial court denied the motion. The defendant then appealed to the First District seeking similar relief.

The First District, however, agreed with the trial judge and upheld the jury’s verdict. In its opinion, the First District noted there was some apparent confusion within the jury as to the “definition of depraved mind as it has been outlined in statute and expanded in case law.” The Court noted that a depraved mind requires a “showing of ill will, hatred, spite, or an evil intent.” Here, the evidence presented at trial met that standard. The appellate court specifically cited the defendant’s own statements to the police and witnesses as “suggesting animosity” between himself and the victim.

Contact AsiliA Law Firm Today

If you are accused of any serious crime, and especially homicide, it is best never to make any statements to the police or any witnesses who could testify against you as to your motive or state of mind. Your best course of action is to speak only with a qualified Miami criminal defense attorney. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

scholar.google.com/scholar_case?case=17070251194027727932