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]

See also

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.
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