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Further, IC 18-4001 does not state the definition is for first degree murder only, and thus, simply adds to the ambiguity of the law.
Still another change may need to be a redefining of phrase "an abandoned and malignant heart" in IC 18-4002. This phrase is not legally clear, and as a result, leads to confusion when attempting to interpret the meaning of the statute in first degree murder cases. This phrase, taken from common law, must be interpreted as such, according to precedence. In State v. Olin, 111 Idaho 516, 519, 725 P.2d 801, 840 (Ct. App. 1986), the court ruled that common law terminology must be given its common law meaning, and that the intentions of the cluster of ideas surrounding such language must be conveyed. In this statute, however, the meaning is not clear. While the American Law Institute, in 1980, defined the term as intentional homicide through extreme recklessness, this term has been used in many other forms in common law courts. To avoid misinterpretation, this phrase should be reworded to be more precise to the common law definition of the phrase.
Overall, common law definitions of the elements...
While the base elements, however, remain stable, there have been numerous changes and adaptations of the statutes to further fit the needs of modern society. As society continues to change, the statutes too will need to be adapted to provide the best possible definitions for the elements needed for a murder conviction.
References
American Heritage Dictionary. (2003). Common law. American Heritage Dictionary of the English Language. New York: Houghton Mifflin Company.
American Law Institute. Model Penal Code 210.2(1) (b) Comment, n. 4, 1980.
Blinn, K.W. (1950). First degree murder: a workable definition. Journal of Criminal Law and Criminology 40(6): 729-735.
Greenhoot, a.A. (1912). Supreme Court of Idaho cases. In Pacific States Reports (pp. 297-345).
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