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United States v. Fleming — Study Notes

No. 19-1234 (D.C. Cir. 2021)

Study notes for United States v. Fleming: professor notes, cold call prep, exam angles, and memory aids.

Driving under the influence that results in death can constitute depraved heart murder if it shows a gross deviation from the expected standard of care.
Professor Notes

In United States v. Fleming, the court closely examined the nature of culpability associated with depraved heart murder, emphasizing the essential elements of recklessness and indifference to human life demonstrated by the defendant. Professor discussion would likely highlight the severity of driving under the influence, the circumstantial evidence of extreme recklessness due to the witness testimonies regarding Fleming's speed and swerving, and how these factors led to the tragic death of a pedestrian. Additionally, the court's operational definition of a reasonable driver’s standard of care and how Fleming's actions constituted a gross deviation from this standard is pivotal in understanding the legal framework necessary for establishing depraved heart murder.

Cold Call Prep
  1. 1What constitutes depraved heart murder and how does it differ from other forms of homicide?
  2. 2Explain how intoxication can elevate the standard of recklessness required for depraved heart murder.
  3. 3What evidentiary standards apply when establishing the defendant's recklessness in this case?
  4. 4How did the court interpret witness accounts in determining the degree of recklessness?
  5. 5Discuss any public policy implications arising from upholding convictions based on driving under the influence.
  6. 6What might be the defenses available to Fleming and how effective do you think they would have been?
  7. 7How does the court’s ruling impact future DUI cases involving fatalities?
Mnemonic Device

Fleming drove fast and furious, proving recklessness most serious.

Distinguish From
CaseDistinction
State v. WilliamsState v. Williams involved negligent driving where the court emphasized a lower threshold of recklessness, whereas Fleming’s conduct demonstrated extreme recklessness justifying a depraved heart murder charge.
People v. StewartIn People v. Stewart, the defendant's mental state was less clear cut than in Fleming, where clear witness testimony established the extreme nature of flooding intoxicated driving, which significantly influenced the court’s decision.
Policy Arguments

For the Rule

Upholding depraved heart murder as a charge for DUI incidents reinforces the need for personal responsibility on the road and deters reckless behavior that endangers life.

Against the Rule

Critics argue it may lead to excessively harsh penalties for individuals whose actions, though reckless, do not reflect intent to kill, risking overcriminalization for actions that arise from substance use.

Class Discussion Points
  • The difference between negligence and recklessness in the context of DUI cases.
  • Impact of witness testimony in establishing the defendant’s mental state during the incident.
  • Potential reforms in legislation to address DUI-related fatalities and culpability.
  • Consideration of mental health and addiction issues in light of strict liability nature of DUI statutes.
  • Exploration of societal expectations and personal responsibility when engaging in risky behaviors like drinking and driving.
Exam Angle

This case is likely to appear in exams as an illustration of the legal principles surrounding depraved heart murder, particularly in contexts of driving under the influence and the requisite standard of recklessness.

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