State v. Concepcion

I agree with the majority’s determination that the jury charge in this case was deficient, warranting a reversal. I write separately, however, to define more clearly the elements the State must establish in order to sustain a conviction for reckless manslaughter. I appreciate that although the issues presented in this appeal may not require such an exposition, it may prove instructive on the remand for retrial resulting from the Court’s reversal of the conviction.

In enacting the current Code of Criminal Conduct, N.J.S.A. 2C:1-1 to 2C:98-4, the Legislature explicitly excluded a proposed…