Except as provided in Section 210.3(1)(b), criminal homicide constitutes murder when: (a) it is committed purposely or knowingly; or (b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape. Since killing civilians is inevitable in modern warfare it cannot be called an accident. Bombers and helicopter pilots don't necessarily intend to kill civilians, but when they attack villages and crowded city streets they know that civilians will be killed. When soldiers and Marines on the ground cannot tell the difference between a civilian and an insurgent and are told to clear an area, they will kill civilians. This killing may not be deliberate, but it is not an accident. The civil and criminal legal analysis almost begs to be applied here. ...
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