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Monday, December 25, 2006
[Is Olmert guilty of Reckless Endangerment?] OC Central Commander: lifting roadblocks = more suicide bombings

Defense establishment opposes roadblock lift
JPost.com Staff, THE JERUSALEM POST Dec. 25, 2006
www.jpost.com/servlet/Satellite?cid=1164881969957&pagename=JPost%2FJPArticle%2FShowFull

The defense establishment has shown signs of disagreement regarding Prime
Minister Ehud Olmert's decision to lift roadblocks in the West Bank and to
allow greater freedom of movement there, sources said early Monday morning.
Olmert made his decision following his first meeting with Palestinian
Authority Chairman Mahmoud Abbas in Jerusalem on Saturday.

Defense Minister Amir Peretz disapproved a draft plan coordinated by his
deputy, MK Ephraim Sneh (Labor) in a meeting on Saturday.

During the meeting, OC Central Command Maj. -Gen. Yair Neve said that
lifting the roadblocks would lead to more suicide bombings.
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[RECKLESS ENDANGERMENT FIRST DEGREE(D Felony)(Depraved Indifference; Risk of
Death)PENAL LAW 120.25(Committed on or after Sept. 1, 1967)(Revised June 15,
2006) (New York State):
www.nycourts.gov/cji/3-PenalLaw/120/120-25.pdf

Under our law, a person is guilty of Reckless Endangerment in the First
Degree when, under circumstances evincing a depraved indifference to human
life, that person recklessly engages in conduct which creates a grave risk
of death to another person.

... he or she:engages in conduct which creates a grave and unjustifiable
risk that another person's death will occur, and when he or she is aware of
and consciously disregards that risk, and when that grave and unjustifiable
risk is of such natureand degree that disregard of it constitutes a gross
deviation from the standard of conduct that a reasonable person would
observe in the situation.

To constitute this crime, the evidence must also show that the defendant
acted under circumstances evincing a depraved indifference to human life.

A DEPRAVED INDIFFERENCE TO HUMAN LIFE consists of both depravity and
indifference to human life.

Depraved indifference to human life is best understood as an utter disregard
for the value of human life. Conduct engaged in with a depraved indifference
to human life is conduct done, not because one means to cause death, but
because one simply does not care whether or not death will occur. It
reflects wickedness, evil or inhumanity, as manifested by brutal, heinous
and despicable acts. It is embodied in conduct that is wanton, deficient in
a moral sense of concern, and devoid of regard of the life or lives of
others.]

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