parent nodes: actus reus | common law | Criminal Law | criminal negligence | homicide
negligent homicide
Homicide caused by criminal negligence, also known as "involuntary manslaughter."
Notice that negligent homicide requires a lack of care greater than ordinary negligence in tort; rather, the defendant must ignore a "substantial and unjustifiable risk" in order to have the criminal negligence that forms the mens rea of negligent homicide or involuntary manslaughter. At the same time, negligent homicide is measured on an entirely objective standard, compared to the partially subjective standard used in voluntary manslaughter. Cf. [State v Williams] (no account taken of defendants' cultural background, low education in holding them negligent for failing to acquire medical care for sick infant that later died).
Cases finding negligent homicide
[People v Welansky] (convicting nightclub owner who kept emergency exits locked after fire in club killed about 500 people through asphyxiation and trampling).
[State v Williams] (parents who, under mistake that sick infant had toothache, did not seek medical care, leading to the infant's death)
[Gian-Cursio v State] (chiropractor who treated patient's TB with vegetarian diet and fasting)
[alias: involuntary manslaughter]