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Negligent homicide is a criminal charge brought against a person who, throughcriminal 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 frominvoluntary manslaughter by itsmens rea requirement: negligent homicide requires criminal negligence, while manslaughter requiresrecklessness.[2]
In the United Kingdom, common lawgross negligent manslaughter covers the same conduct as negligent homicide.[3]
In the United States, allstates define negligent homicide bystatute, often defining the offense as involuntary manslaughter. Negligent homicide may be alesser included offense tofirst andsecond 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 whiledriving under the influence of drugs or alcohol.[5][6]
The crash ofAeroperú 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 ofAnneliese Michel, a German woman with epileptic psychosis who died of malnutrition while undergoing an extensive series ofexorcism rites, resulted in negligent homicide convictions against her parents and two priests.
TheKamensk-Shakhtinsky rail disaster in theUSSR, killing 106 people, was caused by the criminal negligence of two railroad mechanics who failed to check the brakes of a freight train properly.