SIGforum.com Main Page The Lounge One crew member dies, another hospitalized after Alec Baldwin shoots two people on set of his film
Main Page The Lounge One crew member dies, another hospitalized after Alec Baldwin shoots two people on set of his filmGo | New | Find | Notify | Tools | Reply | |
I Deal In Lead |
I've often said we've got the best criminal justice system that money can buy. Alex Baldwin is probably about to prove that. | |||
|
| I can't tell if I'm tired, or just lazy  |
Blacks Law Dictionary defines homocide as: The killing of one human being by the act, procurement, or omission of another. It also defines accident as: An unforeseeable and unexpected turn of events that causes loss in value, injury, and increased liabilities. The event is not deliberately caused and is not inevitable. Granted there can be case law that can alter those definitions to some degree. The prosecutor has the option of filing criminal charges, but I suspect that based on the coroners determination that it was an accident that the prosecutor will not file any charges and leave it to the civil courts. _____________________________ "The problems we face today exist because the people who work for a living are outnumbered by those who vote for a living." "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety" Benjamin Franklin | |||
|
| Little ray of sunshine  |
It exists, but different jurisdictions use different formulations of words for different homicide crimes, so some states may have something actually called negligent homicide, and others may not. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| Little ray of sunshine |
Blacks is handy, but it is the definitions in the New Mexico criminal code that matter. The question is, does this fit into some negligent homicide crime (or something similar) in NM? It is even possible that it meets the definition of some kind of homicide with a recklessness mens rea (mental state), which could be punished even more harshly that a negligence crime. Someone needs to bust out the NM criminal code and see if this some form of criminal homicide. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| Member |
Here's New Mexico's definition of involuntary manslaughter (the functional equivalent of criminally negligent homicide): The unlawful killing of a human being without malice committed ... in the commission of a lawful act which might produce death ... without due caution and circumspection. This does not seem like stretch. | |||
|
Member |
Here's hoping the family goes after him in civil court then. Hedley Lamarr: Wait, wait, wait. I'm unarmed. Bart: Alright, we'll settle this like men, with our fists. Hedley Lamarr: Sorry, I just remembered . . . I am armed. | |||
|
| Member |
To be clear, the definition above is for the criminal charge of involuntary manslaughter (a 4th degree felony). In civil court all they have to prove is negligence to recover compensatory damages and recklessness for punitive damages. All of those are possible - it's not one or the other. | |||
|
| Little ray of sunshine |
Thanks for posting. Yes, it seems to fit these facts. There may even be a recklessness standard criminal homicide statute that fits these facts. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| No More Mr. Nice Guy |
We don't have a justice system, we have a legal system. For average schlubs like us we should never expect justice. | |||
|
| Big Stack |
The civil suit will be settled without ever going to court. The insurance company covering the production will pay the settlement.
| |||
|
| Little ray of sunshine |
So? No one will force the plaintiffs to take a settlement offer. The plaintiffs will get an amount of money that they deem adequate. Or, maybe they won't settle and will try their case and live with the decision made by a judge or jury. Most cases settle, though, because trials are costly, risky, and unpredictable. And that is what insurance is for - you lay off your risk on someone else who pools risk and insures the chance you have a loss. I know - you want someone (here Baldwin) to be punished. The civil system is not generally in the punishing business. That is what the criminal justice system is for. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| Dances With Tornados |
^^^^^ I'm not a lawyer, but it seems to be that a man named Fred Goldman might disagree with that. Mr Goldman went after OJ Simpson after the body of his son Ron was found near the body of Nicole Brown Simpson in a crime "allegedly " committed by OJ. I'm not going to take the time to list a lot of info about Fred Goldman, you can google it, you probably even remember the news of his successfully pursing and hounding OJ Simpson over the years. That won't end until Mr Goldman and OJ the criminal are dead. . | |||
|
| would not care to elaborate  |
Maybe somebody else pulled the trigger, but it didn't go off until a few minutes later...?? LOL | |||
|
| Little ray of sunshine |
Goldman is using the civil system to the extent he can to hound Simpson, and I can't blame him. But that doesn't change the fact that is not what the civil justice system is for. It is designed to get the victims of civil wrongs monetary compensation, and sometimes to force people to do or stop doing things. Goldman is using a tool not designed for the purpose because it is all he has got. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| Dances With Tornados |
^^^^. Very interesting, thanks. . | |||
|
They're after my Lucky Charms! |
From the moment the story broke this seemed like it was an accident. I have yet to hear the Alec intended to shoot the director. I think the determination for the DA (not having the NM statues in front of me) will be if it was a simple negligent homicide or will it get punched up due to extreme negligence/depraved indifference. Hiring an unqualified armorer and allowing people to screw around with live ammo on set will be an issue on liability. Lord, your ocean is so very large and my divos are so very f****d-up Dirt Sailors Unite! | |||
|
A Grateful American |
As one who has made a living with the proper use of tools as a core imperative, I applaud Mr. Goldman's using a hammer to drive the screw... "the meaning of life, is to give life meaning" ✡ Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב! | |||
|
Lost |
Mr. Baldwin has now somehow managed to politicize this tragedy... Alec Baldwin Feared Trump Supporters Would Kill Him After 'Rust' Shooting | |||
|
| Peace through superior firepower  |
It's too bad the woman he killed can't claim victimhood. Unlike this conceited asshole, she's an actual victim. And all thanks to Baldwin, but let's do feel sorry for him. He's ever so special. Everyone knows this, especialy Baldwin. | |||
|
| Lost |
| |||
|
| Powered by Social Strata | Page 1 ... 57 58 59 60 61 62 63 ... 88 |
 | Please Wait. Your request is being processed... |
|
SIGforum.com Main Page The Lounge One crew member dies, another hospitalized after Alec Baldwin shoots two people on set of his film
Main Page The Lounge One crew member dies, another hospitalized after Alec Baldwin shoots two people on set of his film© SIGforum 2024