Negligent homicide

Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Other times, an intentional killing may be negotiated down to this lesser charge as a compromised resolution of a murder case, as might occur in the context of the intentional shooting of an unarmed man after a traffic altercation.^[1] Negligent homicide can be distinguished from involuntary manslaughter by its mens rea requirement: negligent homicide requires criminal negligence, while manslaughter requires recklessness.^[2]

In the United Kingdom, common law gross negligent manslaughter covers the same conduct as negligent homicide.^[3]

United States

In the United States, all states define negligent homicide by statute, often defining the offense as involuntary manslaughter. Negligent homicide may be a lesser included offense to first and second degree murder,^[4] as the elements of negligent homicide include elements of those more serious charges.

In some states, negligent homicide charges are possible following the killing of a person while driving under the influence of drugs or alcohol.^[5][6]

Notable cases

The crash of Aeroperú Flight 603 near Lima, Peru resulted in a negligent homicide conviction. An employee had left a piece of duct tape over the static ports on the bottom side of the fuselage while cleaning, which caused the crash. He was charged with and convicted of negligent homicide.^[7]

The death of Anneliese Michel, a German woman with epileptic psychosis who died of malnutrition while undergoing an extensive series of exorcism rites, resulted in negligent homicide convictions against her parents and two priests.

The train crash in Kamensk-Shakhtinsky rail disaster in the USSR, killing 106 people, was caused by the criminal negligence of two railroad mechanics who failed to check the brakes of a freight train properly.

See also

• Depraved-heart murder
• Moral luck

References

1. "Man who shot and killed motorist pleads guilty to lesser charge". Archived from the original on 2015-09-29. Retrieved 2015-09-28.
2. Model Penal Code § 210.3-4 (Am. Law Inst., 2007).
3. "Gross Negligence Manslaughter | The Crown Prosecution Service". www.cps.gov.uk. Retrieved 2024-01-01.
4. See, e.g., "Saunders v. State, 840 SW 2d 390 (Tex.Crim.App.1992)". Google Scholar. Retrieved 9 September 2017.
5. Futty, John (6 October 2013). "Vehicular homicide sentences not harsh enough, say victims' families". The Columbus Dispatch. Retrieved 9 September 2017.
6. Collins, Chris (16 November 2016). "Halfway man gets 7 years for drunk driving and manslaughter". Baker City Herald. Archived from the original on 10 September 2017. Retrieved 9 September 2017.
7. "World News Briefs; $29 Million for Victims Of 1996 Peru Air Crash". New York Times. Reuters. 22 January 1988. Retrieved 9 September 2017.