Will raising the legal heat on Baldwin in this way make any outcome in the case more just?
of cinematographer Halyna Hutchins on a New Mexico movie set in October 2021. The charge alleges a criminal degree of negligence.
Legally, negligence is a disregard for foreseeable safer actions, the consequences for which can be serious, including death. In the law, negligence can be adjudicated through civil or criminal means. In a civil suit for damages , even when the injuries or consequences are serious, the punishment is a financial payment in restitution rather than a criminal conviction and a prison sentence.
The prosecutors have decided that a gun requires a “duty of care”—the historic legal standard violated in negligence cases—that’s extremely high. They claim that, as the gun’s handler, Baldwin acted in egregious disregard of its potential dangers. In the law, this is referred to as “the neighbor principle”: We owe a duty to our neighbors, and in this case, Baldwin shot his neighbor, Halyna Hutchins.
Imagine a movie set where during a scene, an actor is to pull the cord to make a ceiling light go on or off. The light is hanging from the ceiling. After pulling the cord, the light fixture falls, striking and killing a member of the production crew. Subsequent investigation reveals that the light was hung incorrectly by a crew member, and this was the proximate cause of the accident.
Baldwin used a real gun—a .45 Colt caliber F.lli Pietta single-action revolver—that was supposed to be loaded with blanks and not real bullets. A single-action gun works by pulling back the hammer until it clicks in place and then squeezing the trigger to release the hammer. The strike of the hammer on the chambered shell needs a specific amount of force to detonate the
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