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re: Is it fair to say at this point Alec Baldwin will not be facing justice?

Posted on 4/20/22 at 9:45 pm to
Posted by Abstract Queso Dip
Member since Mar 2021
5878 posts
Posted on 4/20/22 at 9:45 pm to
He's defending the law not Alec Baldwin. Well maybe... But that is a good defense if you want to judge him yourself.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27067 posts
Posted on 4/20/22 at 9:46 pm to
quote:

So you’re saying he committed no crime?


I honestly haven’t gone digging through the criminal statutes in what I assume was California. I’m simply surprised that so many on this board seem to have done so, at least based on their certainty regarding the subject.

Eta: New Mexico, apparently.
This post was edited on 4/20/22 at 9:48 pm
Posted by danilo
Member since Nov 2008
20116 posts
Posted on 4/20/22 at 9:46 pm to
How long will we let the elites and super rich rape our children and murder everyday citizens? When will a Patriot stand up and do something?
Posted by jrowla2
Colorado
Member since Jan 2007
4077 posts
Posted on 4/20/22 at 9:46 pm to
The girl in charge of the armory should be charged with manslaughter.

Alec has to live with killing a woman, I’m sure that weighs heavy on him. Maybe he could be charged with something but what!? He clearly wasn’t wanting to kill the woman or know gun was loaded.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124212 posts
Posted on 4/20/22 at 9:47 pm to
Never was gonna happen, Hollywood royalty are above the law if certain people want them to be
Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 4/20/22 at 9:47 pm to
Do you believe Baldwin should be indicted for negligent homicide?
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141926 posts
Posted on 4/20/22 at 9:47 pm to
quote:

How long will we let the elites and super rich rape our children and murder everyday citizens?
until Jan 2025 at the earliest

Is that a problem?
Posted by Ponchy Tiger
Ponchatoula
Member since Aug 2004
45123 posts
Posted on 4/20/22 at 9:49 pm to
quote:

Which statute would you like to see him charged with?
at the very least he should be charged with negligent homicide
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167247 posts
Posted on 4/20/22 at 9:51 pm to
quote:

The girl in charge of the armory should be charged with manslaughter.



Do you point guns at people and pull the trigger if someone hands it to you and says it's empty?

This was a test shot setting up for the scene and Alec didn't confirm the gun was empty and had no reason to pull the trigger. Negligent homicide should apply to him too.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141926 posts
Posted on 4/20/22 at 9:51 pm to
quote:

Which statute would you like to see him charged with?
Murder

Self-Righteous Pomposity

Malicious Mischief
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27067 posts
Posted on 4/20/22 at 9:52 pm to
quote:

Do you believe Baldwin should be indicted for negligent homicide?


Based on a few seconds of googling, it appears that Negligent Homicide doesn’t exist in New Mexico. Closest I can see is Involuntary Manslaughter, which is defined as:

***
B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.
***

And honestly? I have no fricking idea. That’s an absolutely abysmal word salad of a law that I imagine has reams of jurisprudence defining each of those words.
This post was edited on 4/20/22 at 9:53 pm
Posted by Vamos Brandonos
Member since Mar 2022
1021 posts
Posted on 4/20/22 at 9:53 pm to
quote:


New Mexico Statutes › 2018 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 2 - Homicide › Section 30-2-3 - Manslaughter.

2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 2 - Homicide
Section 30-2-3 - Manslaughter.

Universal Citation: NM Stat § 30-2-3 (2018)

30-2-3. Manslaughter.

Manslaughter is the unlawful killing of a human being without malice.

A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.

Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.

B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.

Whoever commits involuntary manslaughter is guilty of a fourth degree felony.




Statute is clearly there. Whether the DA decides to prosecute depends on whether the shooter is average Joe or Alec Baldwin.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25630 posts
Posted on 4/20/22 at 9:53 pm to
quote:

Does it even exist in the state in question? If so, what’s the definition


Another case of people just assigning random homicide laws to a case in a specific jurisdiction.

NM does not have a homicide charge called negligent homicide. Without any show of intent the closest charge to the facts as I understand them would be negligent manslaughter NEW MEXICO STAT. ANN. § 30-2-3. It requires clearing the reckless bar. There is a petty misdemeanor § 40A-7-3 negligent use of a firearm that could also possibly be proven.
Posted by Ponchy Tiger
Ponchatoula
Member since Aug 2004
45123 posts
Posted on 4/20/22 at 9:54 pm to
quote:

The girl in charge of the armory should be charged with manslaughter. Alec has to live with killing a woman, I’m sure that weighs heavy on him. Maybe he could be charged with something but what!? He clearly wasn’t wanting to kill the woman or know gun was loaded.


You may be able to charge her with something but the biggest charges go on Baldwin. When that gun is in you hand you are responsible for it.
Posted by Vamos Brandonos
Member since Mar 2022
1021 posts
Posted on 4/20/22 at 9:55 pm to
Due caution and circumspection: checking to see if the gun you're pointing at others is unloaded. Not putting your finger on the trigger.

A first year law student can show how this statute applies here.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27067 posts
Posted on 4/20/22 at 9:56 pm to
To bring it to Louisiana, it would be a borderline case for Negligent Homicide. NH requires more than simple negligence, requiring criminal negligence, which instead of a deviation from the standard of care, requires a gross deviation from the standard of care. Considering the circumstances on a movie set, I think it’s arguable either way of whether his actions constituted criminal negligence. Certainly simple negligence, though.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27067 posts
Posted on 4/20/22 at 9:58 pm to
quote:

Due caution and circumspection: checking to see if the gun you're pointing at others is unloaded. Not putting your finger on the trigger. A first year law student can show how this statute applies here.


A first year law student could certainly show how it could apply. And only a first year law student would be ignorant enough to think that it applies with certainty without doing significantly more research into how the courts have defined those terms.
Posted by Vamos Brandonos
Member since Mar 2022
1021 posts
Posted on 4/20/22 at 10:01 pm to
Those words have commonly understood meanings. Court interpretation is not required.
Posted by DaBike
Member since Jan 2008
9154 posts
Posted on 4/20/22 at 10:01 pm to
He’s a rich elitist celebrity who supports democrats. What do you think will happen?
Posted by cardswinagain
Member since Jun 2013
11880 posts
Posted on 4/20/22 at 10:01 pm to
quote:

So you have no idea which, if any, law he broke, but you’re absolutely certain he should be charged with breaking the law. Brilliant.


Sort of like what Dems have been doing to Trump huh?
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