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Legal Analysis: Does Alec Baldwin Have Criminal Exposure After Shooting Woman Dead In Apparent Mistake?Innocent Accident, or Involuntary Manslaughter?
Legal Insurrection ^ | October 22, 2021 | Andrew Branca

Posted on 10/22/2021 7:57:05 PM PDT by DoodleBob

... what can we make of Alec Baldwin’s shooting death of Ms. Hutchins? Could it have been an innocent accident? Or is it merely civil negligence? Or is it criminal recklessness, and involuntary manslaughter? The answer will, of course, depend on what the facts are ultimately turnout to be, but we can certainly explore the range of outcomes that would be on the table.

Innocent accidents can happen with firearms, but they are rare—and the reason they are rare is that firearms are recognized legally as inherently dangerous instruments, and therefore the standard of care for handling them is very high.

...

...there’s another factor in this tragic event that will likely play a role in civil liability, and perhaps criminal liability, if any, for Alec Baldwin.

...Alec Baldwin was both the actor handling the firearm when it discharged—and an actor might argue that he is at the “bottom” of the safety responsibility ladder for something like a movie set—but he was also a co-producer for the film—which would place him at the “top” of the safety responsibility ladder.

In theory, an actor at the “bottom” and the producer at the “top” might each point their finger at each other in the case of a tragic event like this. ...

In this case, however, Alec Baldwin occupies both seats. So he can point his finger in this manner if he wishes, but ultimately he’ll be pointing it at himself.

And this implication could well apply not merely in the civil law context, within the scope of negligence, but also within the criminal law context, within the scope of recklessness and involuntary manslaughter.

(Excerpt) Read more at legalinsurrection.com ...


TOPICS:
KEYWORDS: alecbaldwin; banglist; chat; halynahutchins; joelsouza; rust
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To: jonno

If it wasn’t a revolver it just goes deeper.


81 posted on 10/22/2021 10:21:12 PM PDT by eyedigress (Trump is my President! )
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To: jonno

I wonder why he is pulling a trigger on a set hand?

Hit 2 people and killed one.

Lock him up.


82 posted on 10/22/2021 10:27:34 PM PDT by eyedigress (Trump is my President! )
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To: BradyLS

SNL should have him on this week.

I’m sure they are so proud to have such an idiot represent them.


83 posted on 10/22/2021 10:29:31 PM PDT by eyedigress (Trump is my President! )
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To: bray

Indeed. Very true.

A bullet has no brains. A shooter does.


84 posted on 10/22/2021 11:00:59 PM PDT by jmacusa (America.Founded by geniuses. Now governed by idiots. )
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To: absalom01
“They used a picture of the wrong pistol. Word is the actual gun was a SAA, not the Dragoon pictured here. Only off by 30 years or so.“

This is what I was thinking. If it was a SAA then that means the actor (Baldwin) would have had to deliberately cock and fire the pistol. Which means about the only way this was an accident is if the scene called for firing the gun at the camera. Were they shooting or rehearsing a scene? If not then Baldwin has a lot of splaining to do. If this was truly an accident, and it likely was, I still feel sorry for him.

85 posted on 10/22/2021 11:51:46 PM PDT by precisionshootist
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To: precisionshootist

In the case if a bad sear, the gun might go off if only cocked. That might be why there were complaints about the gun earlier.


86 posted on 10/23/2021 2:13:28 AM PDT by Fido969 (45 is Superman!)
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To: PROCON

Finally someone memed the song I’ve been singing in my head.


87 posted on 10/23/2021 2:15:12 AM PDT by Salamander ("Salamander has barbaric tendencies" /Gundog)
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To: eyedigress
Don't know if he pulled the trigger. A gun with a bad sear can go off if only cocked. And there were complaints about that gun going off accidently. That's why you never point a gun at someone.

If that's the case, that the gun had "gone off by itself" earlier, then the gun was used for live fire recently, blanks or full loads. A live round may have been left in, either by itself or mixed with blanks or dummy rounds. It might be hard to tell a dummy round from a live one. Would cause an inadvertent case of Russian roulette.

88 posted on 10/23/2021 2:26:44 AM PDT by Fido969 (45 is Superman!)
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To: DoodleBob

bookmark


89 posted on 10/23/2021 3:14:37 AM PDT by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: DoodleBob

Yes, he absolutely does have legal liability here.

Regardless of any fault on the Armorer’s part, he:

A) failed to check that the gun was not loaded

B) pointed a gun at someone (this was obviously not part of the movie since it was the director of photography and the director AND none of the usual safety protocols were followed....ie minimal crew, minimal safe distance, crew behind bullet proof glass, etc)

and

C) pulled the trigger.

Those are all basic safety rules when handling a gun. Everybody is taught these rules. He failed to follow them and was thus negligent. His negligence resulted in a death. That is manslaughter and he’s guilty of it.


90 posted on 10/23/2021 4:32:07 AM PDT by FLT-bird
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To: xxqqzz

A story I read said that the scene called for him to fire towards the camera. I hope in the future all Hollywood crews and actors will stay out of the line of fire in any scene. Their unions should make that a work rule. They will have to find a way to get the shot they want without anyone actually being fired upon.


91 posted on 10/23/2021 4:38:20 AM PDT by Cecily
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To: DoodleBob
So he can point his finger in this manner if he wishes, but ultimately he’ll be pointing it at himself.

He can also apparently, pick up a SA wheelgun, deliberately cock the hammer with his thumb, deliberately point the gun at a crew member, and deliberately pull the trigger. Ultimately he should have been pointing it at himself.

92 posted on 10/23/2021 4:41:59 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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Firearms safety officer told us,no such thing as an accident.Lightning striking a gun causing it to discharge is an accident,but leaving the gun where it can be hit by lightning is negligence....Case closed,Baldwin owns this.


93 posted on 10/23/2021 4:55:26 AM PDT by pricilla (one should always try to be smarter than the equipment one is operating - Amajato)
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To: The MAGA-Deplorian

Reeves is a pro gunner level shooter. Check u tube for his videos on the combat range. And like Tom Selleck, Clint Eastwood, would make sure Gun saftey 101 was drilled into everyone on the set and that there would be a real experienced armourer who ONLY job was to over see the safe handling and loading of any weapon.


94 posted on 10/23/2021 5:31:59 AM PDT by AFreeBird
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To: Fido969
“In the case if a bad sear, the gun might go off if only cocked. That might be why there were complaints about the gun earlier.“.

That seems possible but why were they cocking the gun?

Still too many unanswered question to really guess what happened. How did a live round get in the gun? Was their only one live round? .

95 posted on 10/23/2021 5:36:00 AM PDT by precisionshootist
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To: Yaelle

I take it that “prop gun” means that it is a gun that is to be used as a prop, not a gun that is designed to be a prop and therefore is safe to use for that purpose.

I always thought a “prop gun” was a safe gun. Still, by training, I would have utilized safe gun practices, when handling it, by training.

I really don’t like guns; just CCW for self defense purposes.


96 posted on 10/23/2021 5:52:36 AM PDT by The_Media_never_lie (If the votes are a lie, they must de cert i fy!)
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To: DoodleBob

From what little I now know...or *think* I know...about this case I doubt that I’d vote guilty on Baldwin. My vote on others involved in the film...like the guy in charge of props...might be different


97 posted on 10/23/2021 6:06:38 AM PDT by Gay State Conservative (Covid Is All About Mail In Balloting)
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To: DoodleBob
Howie Carr,a great Boston talk show host and columnist,knows the Kennedys like the back of his hand. He even wrote a book about them.
98 posted on 10/23/2021 6:11:15 AM PDT by Gay State Conservative (Covid Is All About Mail In Balloting)
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To: DoodleBob

If this were any other person or occupation 5here would have been charges filed.


99 posted on 10/23/2021 6:17:10 AM PDT by DouglasKC
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To: DoodleBob
Criminal liability requires recklessness. Recklessness occurs when you not only violate a legal duty to not cause harm, but you explicitly know you are doing so, and you intentionally disregard that risk.
You know (as we all know, so it is “common knowledge” in legal terms) that driving while intoxicated creates a risk to others of death or serious bodily injury. When you become voluntarily intoxicated and operate a motor vehicle you are aware of the risk you are creating, and you are choosing to disregard that risk.
Should a death result, your recklessness makes that not an accident or even mere negligence, but a crime—involuntary manslaughter.


A good analysis. It all depends on the laws in NM and the prosecutor's inclination to charge Baldwin. I would also add that simply pointing an empty firearm at someone is usually assault. Somehow I doubt Baldwin will be charged with even disorderly conduct.
100 posted on 10/23/2021 6:19:43 AM PDT by Dr. Franklin ("A republic, if you can keep it." )
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