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Negligent homicide

From Wikipedia, the free encyclopedia

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

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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

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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 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

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References

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  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.