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 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