The discussion here on the definition of negligence is not getting us very far, as eventually it will be for a court to do just that.
As another thought, every correspondent seems to be looking at this subject from a negative viewpoint; isn't it possible that video recordings could prove the crew were NOT negligent?
only if they have someone to translate what is going on. Do you really expect 30 some Joe Publics, to have even the faintest idea what is going on for the pilots of an aircraft in trouble. " We saw the video but I didn't understand what was going on, and they must have been negligent, I mean the plane crashed didn't it?"
I can see this kind of evidence being useful to accident investigators, but in criminal proceedings, well, I'd hate to be one of the poor sods flying