Alec Baldwin kills one,inures another with Prop Gun on set.

Discussion in 'Latest US & World News' started by MiaBleu, Oct 21, 2021.

  1. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    He is a lifelong Republican, but then again. - who cares? His shooting accident had nothing to do with which party he belongs to.

    Likewise, the armorer could be held liable, but I doubt she will face charges. Her father was also an armorer for 30 years in some big movies. He is the person speaking in the article which I linked.
     
    Last edited: Oct 25, 2021
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  2. FreshAir

    FreshAir Well-Known Member Past Donor

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    if it's not an accident, sure they can
     
  3. Joe knows

    Joe knows Well-Known Member

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    Did you read the article? It was an accident and he was still held liable for manslaughter. If it wasn’t an accident it would have been murder.
     
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  4. FreshAir

    FreshAir Well-Known Member Past Donor

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    really depends on many things, including the da's view on it, if it seems like the accident was due to user error or what not

    in a case like this, I do not see charges happening, I do see him being sued though and a settlement in his future
     
    Last edited: Oct 25, 2021
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  5. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Honest mistakes dont always translate to manslaughter.
     
  6. Joe knows

    Joe knows Well-Known Member

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    Criminal charges definitely depend on the DA, you’re right. It doesn’t however negate from the idea that the law is applied differently to the rich.
     
  7. Ddyad

    Ddyad Well-Known Member

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    Negligent homicide is probably the worst case scenario for Baldwin or the prop manager.
     
  8. Joe knows

    Joe knows Well-Known Member

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    Mistakes that result in death by gun almost always do. The only exemption is for the rich.
     
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  9. FreshAir

    FreshAir Well-Known Member Past Donor

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    if it's a gun owner playing with his loaded gun sure, workplace accidents are not the same at all, in this case they hired people to make sure the props were safe, somehow this gun with a bullet got in there, that is the big question for investigators
     
    Last edited: Oct 25, 2021
  10. FreshAir

    FreshAir Well-Known Member Past Donor

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    we all know that, they get the best lawyers money can buy

    look at Trump, think any of us would get away with all he does
     
    Last edited: Oct 25, 2021
  11. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Key words are "knowingly", "willfully", "recklessly", "negligently", and "accidentally".

    Or, other words..

    “any person who shall recklessly or heedlessly or willfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others shall be guilty of a misdemeanor.”

    See, the absence of "accidentally".

    A movie set is different in the sense that the actor is actually supposed to fire the gun, so the act in itself is not reckless or negligent (the actor is performing his job), but the fact that he, or someone else, did not ensure the gun was safe is negligent.

    If you are at home, and drop a firearm and it goes off, its an accident. Some prosecutors might argue that it was due to negligence, and maybe in some places it can be considered as such and other places it would not.
     
    Last edited: Oct 25, 2021
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  12. The Last American

    The Last American Newly Registered

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    You mean create a strong economy, create jobs and a secure border, and made wealth for himself and his family before he ever stepped foot in politics?

    Of course, Trump was OK when he was handing money to democrat campaigns so lets not skew reality to suit a totalitarian dogma.
     
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  13. FreshAir

    FreshAir Well-Known Member Past Donor

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    Trump left office with fewer jobs than when he started

    but lets not go to far off topic
     
    Last edited: Oct 25, 2021
  14. The Last American

    The Last American Newly Registered

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    Right - because compared to today DOESN'T MATTER, but let's not stray TOO far from reality.
     
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  15. truth and justice

    truth and justice Well-Known Member

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    An Upstate New York man who accidentally shot his wife dead last year while cleaning his gun avoided jail time at his sentencing on Monday.
    https://nypost.com/2019/11/19/upstate-man-who-shot-wife-dead-while-cleaning-gun-avoids-jail-time/

    "Two accidentally shot in church while discussing church shootings"

    "KNOXVILLE, Tenn. — A man accidentally shot himself and his wife at an east Tennessee church on Thursday while he was showing off his gun during a discussion on recent church shootings, police said." Charges will not be filed, Parks said.

    https://www.usatoday.com/story/news/...ngs/873053001/


    51-year-old woman accidentally shot by husband while he was cleaning his gun, police say
    No charges have been filed against the husband, police said.
    https://www.ksat.com/news/local/202...and-while-he-was-cleaning-his-gun-police-say/


    What I have noticed that there are loads of "shot while cleaning gun" in the search list but so few name the shooter and there is very little follow up to the cases which suggests that no charges were made in these many instances regardless if the person is rich
     
    Last edited: Oct 25, 2021
  16. Joe knows

    Joe knows Well-Known Member

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    You posted two articles about the same story. You also only posted one story that resulted in death and he was still charged and tried. Just cause he avoided jail didn’t mean he was not charged.

    The other story he should have been charged in my opinion
     
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  17. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    I know someone who shot his TV while cleaning his rifle, and I already mentioned my neighbor who shot her front door. Both were accidents, neither were rich and neither were charged.
     
  18. Doofenshmirtz

    Doofenshmirtz Well-Known Member Past Donor

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    Very sad. Ignorance is a dangerous thing.
     
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  19. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Of course not. No one was killed.
     
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  20. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    No one needs to die in order to be charged with "negligent/reckless discharge of firearm".

    Key words are "knowingly", "willfully", "recklessly", "negligently", and "accidentally".
     
    Last edited: Oct 25, 2021
  21. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Talking about negligent homicide here.
     
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  22. Mircea

    Mircea Well-Known Member

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    Not everyone understands the law, and worse than that, not everyone understands that the laws are different for each State.

    On top of that, the titles are misleading.

    Look at the statutes for "Felonious Assault" under 18 USC, Ohio Revised Code and Kentucky Annotated Statutes.

    Yes, the title of each crime is "Felonious Assault" but when reading the Elements of Proof, it is quite clear they are describing something completely different.

    "Felonious Assault" under ORC is equivalent to "Aggravated Assault" under 18 USC.

    So, if you happened to be on a federal reservation in Ohio that had a concurrent jurisdiction agreement with Ohio, then you would be charged with "Aggravated Assault" under 18 USC but if the federal government declined to prosecute you would be charged with "Felonious Assault" under ORC.

    In many States, Manslaughter is distinguished Voluntary Manslaughter and Involuntary Manslaughter.

    Then there's Negligent Homicide.

    In some States, Involuntary Manslaughter = Negligent Homicide

    In Ohio and other States, Involuntary Manslaughter and Negligent Homicide are two distinct crimes and the difference between the two is usually -- but not always -- that Involuntary Manslaughter requires the commission of another crime.

    The point being those who wish to opine on the crimes occurring in a particular State should have the common courtesy of familiarizing themselves with the relevant statutes in that State.

    Nope. The key words are "recklessly or heedlessly or willfully or wantonly."

    The fact that Baldwin was doing as the script, the director, the prop-master and others on the set dictated completely negates recklessly or heedlessly or willfully or wantonly.

    The other factors that negate are the fact that the prop is assumed to be, and should not be, loaded with live ammunition, and the fact that Baldwin does not have a "Duty of Care."

    Also, actus reus and mens rea.

    Q: Did Baldwin intend to commit a crime or otherwise cause harm?
    A: No.

    That negates actus reus.

    Q: Did Baldwin have guilty intent?
    A: No. Weapons are commonplace on sets and no reasonable person would believe the weapon contained live ammunition or that the weapon was intended to harm anyone.

    That negates mens rea.

    Without the union of actus reus and mens rea, there can be no crime.

    Anyone familiar with corpus delecti should know that, and very obviously, few do.

    Spot on.

    With respect to the second discharge, that is a nothing burger because it was nothing but panic fire.

    Panic fire is an involuntary reaction which you cannot control, unless you're extremely experienced firing weapons.

    Panic fire quite possibly saved my life, because one Panamanian shot another in the back and that changed the odds from 8:1 to 7:1.

    Because fake guns don't work.
     
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  23. truth and justice

    truth and justice Well-Known Member

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    3 different events. In one event the guy was actually showing off his gun in a crowd and shot himself and another person and no charges at all
    I already addressed other cases of deaths in "
    "What I have noticed that there are loads of "shot while cleaning gun" in the search list but so few name the shooter and there is very little follow up to the cases which suggests that no charges were made in these many instances regardless if the person is rich"
     
    Last edited: Oct 25, 2021
  24. truth and justice

    truth and justice Well-Known Member

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    So no one should be charged with dangerous driving if no one is killed?
     
  25. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Off topic.
     

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