Only 3 things matter:
(1) Someone was killed as a result of the defendant's
actions.
(2) The
act either was inherently dangerous to others or done with reckless disregard for human life.
(3) The defendant knew or should have known his or her
conduct was a threat to the lives of others.
Conduct: Behavior that an shows in reactions and inaction.
http://thelawdictionary.org/conduct/
ac·tion
ˈakSH(ə)n/
noun
noun: action
1.
the fact or process of doing something, typically to achieve an aim.
"he vowed to take tougher action against persistent offenders"
synonyms: measures, steps, activity, movement, work, operation
"the need for local community action"
2.
a thing done; an act.
"she frequently questioned his actions"
synonyms: deed,
act, move, undertaking, exploit, maneuver, endeavor, effort, exertion; behavior,
conduct, activity
con·duct
noun
noun: conduct
ˈkänˌdəkt/
1.
the manner in which a person behaves, especially on a particular occasion or in a particular context.
"the conduct of the police during the riot"
synonyms: behavior, performance, demeanor; More
actions, activities, deeds, doings, exploits;
habits, manners;
formalcomportment
"they complained about her conduct"
2.
the action or manner of managing an activity or organization.
"his conduct of the campaign"
synonyms: management, running, direction, control, supervision, regulation, administration, organization, coordination, orchestration, handling
"the conduct of the elections"
verb
verb: conduct; 3rd person present: conducts; past tense: conducted; past participle: conducted; gerund or present participle: conducting
kənˈdəkt/
1.
organize and carry out.
"in the second trial he conducted his own defense"
synonyms: manage, direct, run, administer, organize, coordinate, orchestrate, handle, control, oversee, supervise, regulate, carry out/on
"the election was conducted lawfully"
2.
behave in a specified way.
"he conducted himself with the utmost propriety"
synonyms: behave,
act, acquit oneself, bear oneself; formal comport oneself
"I am proud of the way they conducted themselves"
be·hav·ior
bəˈhāvyər/
noun
noun: behaviour; noun: behavior
the way in which one
acts or
conducts oneself, especially toward others.
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Can we observe Michelle Carter's behavior? Yes we can.
How? Through her texts.
behavior = conduct = action