Negligent homicide is the criminality committed when ones
negligent actions are the direct and proximate cause of an others death. The negligent
actions of the defendant must have directly caused the death of the
victim.
In cases where the defendant was intoxicated or
driving a motor vehicle under the influence of alcohol or drugs (even prescription
drugs), the fact that the defendant chose to operate the vehicle in this condition is
negligence on its face. If while intoxicated, the defendant causes an accident to
happen, either directly or indirectly, and if someone dies as a result of that
accident, the defendant is guilty of negligent
homicide.
The theory is that if the defendant would have
been sober, the incident would not have occured. Note that on many prescription drug
labels, it says something to the effect of not operating a motor vehicle while taking
the medication.
No comments:
Post a Comment