Criminal Negligent Homicide?

Recently legislation has been sponsored that seems to create the crime of negligent homicide.

Historically the law has maintained a natural reluctance to impose criminal liability on the basis of negligent conduct. New Jersey's criminal code however, has created criminal offenses based on an actor's negligence. Currently, the law defines negligent criminal conduct to require a gross disregard for the risks associated with the actor's conduct. This new proposed legislation seems to clarify decisional law that authorizes a homicide conviction on the basis of gross negligence.

The rub with this new form of the statute is that, although a conviction would require third degree penalties with a sentencing range of three to five years, it will also authorize an eighteen month minimum mandatory period of incarceration. This term of parole ineligibility is consistent with the unfortunate and inexplicable penchant of some of our legislators to continue to maintain a blood-thirsty philosophy of punishment in the criminal justice system. Indeed, when it is recognized that the legislature has now prohibited punitive damages to be assessed against arrogant industrialists who create devastating loss because of their gross negligence, the current form of the statute blinks at reason.