Negligent Homicides: A Bridge Too Far | U.S. Naval Institute

I think this is appropriate. The level of ineptitude in the shiphandling and nav teams was legion, and it resulted in 17 deaths. The collision of the McCain should not have happened so soon after Fitz from essentially the same causes.

Every SWO and Submarine line officer understands the risks of command, and yet we still strive for it.

If you want to further weaken the pool of qualified officers willing to stay for command tours, thus making SWOs even worse at driving ships, this is the quickest way to do it.

"The Navy never has charged a ship’s CO with negligent homicide. In fact, “negligent homicide” did not exist in the Uniform Code of Military Justice until 1958. Further, the charge itself does not and has never existed in common law (public law). In truth, negligent homicide is complex, esoteric, arcane, and difficult to prove."


Sure, it's existed in common law. It's called "Involuntary Manslaughter":

Homicide simply means the killing of another human being. Murder means that homicide was conducted without justification and malice aforethought. Manslaughter means that homicide was conducted without malice aforethought and under circumstances not amounting to murder.

Voluntary Manslaughter means no prior intent to kill and the offender acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed.

Involuntary Manslaughter means no intent, either expressed or implied, which is further broken down into constructive and criminally negligent.

So it would seem to me that "negligent homicide" is, indeed, in the common law and is called "Involuntary Manslaughter", specifically "Criminally Negligent Manslaughter".


I think this is an entirely valid charge for the commanding officers. Whether they'll be convicted remains to be seen, as will all the rest of the fallout above their level of command.