Depravity of Mind

Example

After escaping from jail, a man returns to his hometown and commits a series of murders. Before killing each victim, he tortures them for days. He then kills and dismembers each victim, turning their body parts into household objects. When a neighbor sees the man walking into his house with blood on his clothes, she calls the police, who arrest the man and uncover evidence of his crimes. At trial, the prosecution can establish that the man showed a depravity of mind, as his mental state is fundamentally wicked and against widely accepted moral standards.

Case Examples:

• Definition of depravity of mind: Courts have defined depravity of mind as “a degree of moral turpitude and psychical debasement surpassing that inherent in the definition of ordinary legal malice and premeditation.” Morva v. Davis, No. 7:13CV283, 2014 WL 4546056, at *12 (W.D. Va. Sept. 12, 2014). In Morva, an inmate killed corrections officers while incarcerated. Id . After the killings, Morva’s mother submitted a letter Morva had sent her telling her he was going to kill the guards. Id . The prosecution used this letter to demonstrate Morva’s depravity of mind. Id .
• Use of depravity of mind in jury instructions: When depravity of mind is used as part of jury instructions, it must be clearly defined, especially in the context of the death penalty. See Newlon v. Armontrout, 693 F. Supp. 799, 813 (W.D. Mo. 1988), aff'd, 885 F.2d 1328 (8th Cir. 1989). In Newton, an inmate filed a habeas corpus petition claiming that the jury instructions for depravity of mind during his sentencing were too vague. Id . The Court stated that “depravity of mind” in this case, without definition, is not] capable of objective determination. Nothing in these words, standing alone, implies any inherent restraint on the arbitrary and capricious infliction of the death sentence.” Id . (internal citations omitted).