Posted on 10/27/2021 6:53:14 AM PDT by frithguild
I’ve been around lawyers since I was a child, when my father went to law school and they had mock trials who required child witnesses, I was dragged to Cambell Law school to be the witnesses. I am well aware of how Lawyers, and trials operate, and not because I watch some fictional TV shows etc.
Stories are framed for the jury no doubt, but claiming the DA’s politics, in this case are playing to the decision not to charge I think is beyond an over reach.
Baldwin had ZERO chance of being charged with the heavy items some folks here want... some form or murder or manslaughter.. just not justified based on what has been reported at this time. No DA, even one in the deepest red districts would be charging him criminally with anything along those lines.
Civilly, yes, Baldwin will face culpability should the family sue him for wrongful death or something, but criminally there is nothing here that is going to justify those big charges.
I am sure if a DA wanted to make some charges he could find some lesser ones to file, but a few days into this, based on what is known at this point, no way are those big criminal charges coming down on him.
Now if some other evidence comes to light, that could change, but based on at least what has been publicly released at this point, he’s not in any danger of manslaughter or murder charges.
The person who’s job it was to check the gun, and then gave it to him saying it was safe... She on the other hand, I’d expect some form of criminally negligent homicide charges against her.
Since Kyle Rittenhouse is being tried for murder for defending himself from people trying to kill him and Derek Chauvin was convicted of murdering a guy who died from a drug overdose, I think it is entirely appropriate to charge Baldwin with first degree murder.
Exactly, the armory personnel who was paid and who’s job it is to make sure the guns are safe and secure... they check the gun, and didn’t (or just check it right anyway) and then handed it to the actor telling him it was cold/safe... She’s certainly is likely to be facing some sort of criminally negligent homicide charge from this... Others may as well.
However Baldwin himself, was never in any danger of facing a serious heavy charge of murder or manslaughter.
In civil court he likely could be found culpable at some level if her family sues, however criminally? Nope, at least nothing at that level.
Charge him all you like, you will just wind up with an acquittal.... He’s not guilty of murder or even manslaughter.
He’s a idiot, but he’s not going to face serious charges, unless some other piece of information were to come out, like HE KNEW when he pulled the trigger it had a live round in it... Otherwise, nope.
He’s a douchebag, but his actions in this are not remotely criminal murder or manslaughter.
I would agree, the fact he pulled the trigger will not bring any serious criminal charges.... only way he’s going to face murder/manslaughter charges because he pulled the trigger would be if he knew that the gun was indeed loaded and capable of killing.. which no one, not even the most ardent Baldwin haters are suggesting.
However, if it is found that the entire production had a culture of lack safety that contributed to the death, and that Baldwin, as producer, was actively involved in those decisions.... then he could face some criminal charges.
But the fact he pulled the trigger himself, nothing in the direct chain of events that lead to the death were because he personally did something wrong as an actor.
Saying he is guilty of murder/manslaughter because he pulled the trigger, would be like saying the following...
You took your car to have its brakes fixed, the mechanic told you he fixed them, you drive off and later try to stop but your breaks do not stop you because the mechanic failed to fix the brakes properly.. you end up running a redlight hitting another car and killing someone.
Are you guilty of manslaughter/murder? No, your mechanic is.
Those arguing that Baldwin should be charged with murder/manslaughter because he pulled the trigger, is the same as arguing you committed murder/manslaughter because you drove your care without personally verifying your mechanic did what they said they did.
You have a clear perception of the process, certainly. I am giving you my speculation from an “inside baseball” perspective. The gloss on the process is what everyone involved will provide, while those inside the sausage factory know diffently.
I understand your point. Your examples, however, are from different states. There is no universal model that predicts how a Prosecutor will exercise discretion in bringing charges. The fact patterns are not that close. There is no equivalence here.
Yes, sausage making is never pretty.
I will modify my original post, in that if Baldwin as a producer did something that directly led to lax safety on the set... IE fired an experienced Armory person, for someone who had no business doing the job to save money or whatnot, then he could face some criminal negligent charges around the homicide.
However, as some here seem to want, the mere fact his hand was the one that pulled the trigger means he’s guilty of murder or criminal homicide, just isn’t supported by the facts as they are currently known.
Baldwin is a arrogant jackass, no doubt, but at least as far as being the person who pulled the trigger as an actor rehearsing with a prop gun he was told was “cold”... there isn’t criminal liability for him to be facing murder/manslaughter charges.
Complacency is not a fighting word. They are rolling over already.
The fact Baldwin is an unmitigated d-bag actually is highly relevant. His management skills are so poor that he chased away the “little people,” who in their spare time were plinking cans with the killing weapon, probably naming each can “Alec.” Whether a judge in a civil case will let a punitive damage case go to a jury will depend on the politics of the Judge.
I know he is not guilty of murder. Neither are the two examples I cited.
The prosecutor is, I think, a leftist, so he would not be prosecuted in any case. If he was a conservative, I think he would be charged even if he could not be convicted.
Agreed. They are setting up a "Well gee, accidents happen. Y'all ought to be more careful." result of their 'investigation.'
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