ABSTRACT
In Scotland, liability for murder is established where the accused either intended to kill or acted with wicked recklessness. To establish "wicked recklessness", it is not sufficient to show simple recklessness. Under the Model Penal Code a person is subject to a murder conviction if he causes the death purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life. This means that when the actor acts without direct or oblique intention, but with recklessness, the seriousness of the offence will turn on whether he acts with "extreme indifference to the value of human life". It should be noted that if the idea of using a moral formula in the context of homicide is adopted, the legislator may decide to provide by statute that in certain specified circumstances the accused will not be convicted of murder.
