Two central details in the Alec Baldwin trial are not in dispute. Photographer Halena Hutchins dies after being shot on film set rust. Baldwin was a man with a gun.
So it sounds like his manslaughter case may be open and closed. That’s not the case—but maybe not for the reason you think.
For example, there is much controversy over Baldwin’s claim that he did not pull the trigger, but that the gun malfunctioned. forensic report dispute That. But the prosecutor still Faced with an uphill battle due to the contours of the law itself.
Central to securing an involuntary manslaughter conviction in New Mexico is that the government must prove criminal negligence. On its face, pointing a gun at someone and (allegedly) shooting them constitutes, well, negligence, which doesn’t sound that hard.
But “fault” here does not mean the popular understanding of the word. exist State v. Skip (2011)The New Mexico Supreme Court explained that it requires something deeper: that the defendant acted with “willful disregard for the rights or safety of others” and had “subjective knowledge” of the danger posed by the conduct. In practice, this means that the jury must agree beyond a reasonable doubt that Baldwin “actually considered the possibility that the gun might be loaded,” Write UCLA law professor Eugene Volokh “continued to point at it and pull the trigger, nonetheless.”
In other words, it’s not enough to show that Baldwin acted irresponsibly, or that he was grossly irresponsible with guns. Instead, the prosecutor must go one step further and prove that he really believe The gun might have been live ammunition, and he shook off the reality and took his chance.
maybe prosecutor able prove. The state claims rust The set was chaotic, and Baldwin himself engaged in careless behavior, including persist in He whips out his gun for dramatic effect.
But the case isn’t quite the slam dunk it’s sometimes thought to be, especially when you consider the basis of Baldwin’s defense: It’s common knowledge that prop guns shouldn’t be loaded with live ammunition in situations like this on a movie set, and Baldwin Therefore believe it is empty. “On a movie set, you can pull the trigger, so even, even if he intentionally pulled the trigger … that doesn’t mean he’s guilty of murder,” said Alex Spiro, one of his defense attorneys. Spiro said, Tell jury. “He did not know, or had any reason to know, that the gun was loaded with live ammunition.”
That doesn’t mean Baldwin is blameless. This is very complicated, I wrote Last year, it became clear that Baldwin was, to put it mildly, a polarizing figure. Many may be happy to see him getting attention because they have listened to his political rhetoric and heard about his reputation over the years. treat others badly In an unforgivable way. I myself don’t like many of his so-called actions. But there is a real difference between guilt in the eyes of the public and guilt in the eyes of the law. Even those with unsavory records are entitled to fair treatment under the law.
