What is the difference between an acquittal of intentional murder and a conviction of depraved indifference murder?

MultiRegion, United States of America

The following excerpt is from Fama v. Comm'r of Correctional Serv., 235 F.3d 804 (2nd Cir. 2000):

6. It is thus completely consistent to have acquitted Fama of intentional murder, which required the intention to kill, while convicting him of depraved indifference murder, which required an intention to harm with reckless indifference as to whether that recklessness might kill. In this respect, we note that while "one is presumed to intend the natural and probable consequences of one's acts," United States v. Carboni, 204 F.3d 39, 47 (2d Cir. 2000) (internal quotation marks omitted), that assumption means only that a jury may find the mens rea of intention in such a situation, not that it must.

6. It is thus completely consistent to have acquitted Fama of intentional murder, which required the intention to kill, while convicting him of depraved indifference murder, which required an intention to harm with reckless indifference as to whether that recklessness might kill. In this respect, we note that while "one is presumed to intend the natural and probable consequences of one's acts," United States v. Carboni, 204 F.3d 39, 47 (2d Cir. 2000) (internal quotation marks omitted), that assumption means only that a jury may find the mens rea of intention in such a situation, not that it must.

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