Negligent homicide

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Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die.[1]

Examples include the crash of Aeroperu Flight 603 near Lima, Peru, the accident was caused by a piece of duct tape that was accidentally left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. Employee Eleuterio Chacaliaza left the tape on by accident[2] and was charged with negligent homicide. Other times, an intentional killing may be negotiated down to the lesser charge as a compromised resolution of a murder case, as in the case of former UFC fighter Gerald Strebendt's intentional shooting of an unarmed man after a traffic altercation.[3]

United States[edit]

In the United States, all states define negligent homicide by statute, often defining the offense as involuntary manslaughter.[1] Negligent homicide may be a lesser included offense to first and second degree murder,[4] meaning that all of the elements of negligent homicide are 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[edit]

References[edit]

  1. ^ a b Larson, Aaron (7 October 2016). "What Are Homicide and Murder". ExpertLaw. Retrieved 9 September 2017. 
  2. ^ "World News Briefs; $29 Million for Victims Of 1996 Peru Air Crash". New York Times. Reuters. 22 January 1988. Retrieved 9 September 2017. 
  3. ^ "Man who shot and killed motorist pleads guilty to lesser charge". Retrieved 2015-09-28. 
  4. ^ See, e.g., "Saunders v. State, 840 SW 2d 390 (Tex.Crim.App.1992).". Google Scholar. Google. 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. Retrieved 9 September 2017.