Legal definitions of homicide in the US and applicability to the accidental shooting on the 'Rust' movie set

 Decaying Nut case LIAR :
===================
> 
> > I previously compared it to working on a construction site - 
> > where fatal falls, electrocutions and being hit by heavy falling 
> > objects are daily events. Despite a host of precautions being in 
> > place. 
> >
> No, they are not. 

**  Fraid they are. 

> Or we would be seeing the news stories and we do  not. 

** The media mostly ignore it. 

Roughly 150,000 injuries per year and over 1000 fatalities.

https://www.2keller.com/library/construction-accident-statistics.cfm

Bloody shocking.



.....  Phil 

Don WHY bullshitted:

======================

** What does it take to make an idiot like you fuck off ??
    Permanently.

I mean, you are SO  FUCKING  CLUELESS  its  STINKs  !!



......  Phil 

On Friday, November 5, 2021 at 7:01:16 PM UTC-7, palli...@gmail.com wrote:
> Don WHY bullshitted: 
> 
> ====================== 
> 
> ** What does it take to make an idiot like you fuck off ?? 
> Permanently. 
> 
> I mean, you are SO FUCKING CLUELESS its STINKs !! 
> 
> 
> 
> ...... Phil

Negligence is the failure to exercise due care and diligence. Here is a legal definition of negligence (https://www.law.cornell.edu/wex/negligence):

"A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct)." 

Negligence can come in many different forms. For example (https://en.wikipedia.org/wiki/Negligent_homicide):

"Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape that was left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. An employee had left the tape on[2] and was charged with negligent homicide."

Baldwin pointed a firearm at Hutchins and pulled the trigger while no filming was taking place. That, by itself, was an unjustifiable risk: there was simply no justifiable reason to do what he did. A prudent person would not have done that. Baldwin was also told by the former crew that he fired that there were unsafe practices and accidents on his set. Did Baldwin exercise due diligence by investigating these occurrence's and taking corrective action? No, he did not. A prudent person would have investigated the unsafe incidents and procedures, and corrected the problem. Not investigating accidental firearm discharges and not holding safety meetings were acts of omission. That is also negligence.

 Flyshit is So Fucking Stupid
========================
 
> Negligence is the failure to exercise due care and diligence. 

**  That is civil negligence  -  not criminal. 
 
> Baldwin pointed a firearm at Hutchins and pulled the trigger

**  That has been proved false over an over -  fuckwit. 

> That, by itself, was an unjustifiable

**   Garbage.  He was rehearsing a scene -  fuckwit,.

> Did Baldwin exercise due diligence by investigating these occurrence's and taking corrective action?

** No need for him to do so ever existed. 

 
 Go and f your mother  - you ridiculous child. 
=================================


......  Phil 

On Friday, November 5, 2021 at 5:24:50 PM UTC-4, Joe Gwinn wrote:
> In the US, there is no single set of terms for the kinds of homicide. 
> The federal government has one set, and each state has its own. They 
> are very similar in principle, but are not identical, and may be named 
> and worded quite differently. 
> 
> Most of US law evolved from English Law, except for the Louisiana 
> Purchase states, which instead evolved from the Napoleonic Code of 
> France. New Mexico law likely evolved from English Law. 
> 
> Not all kinds of homicide are considered murder. The main kinds (by 
> whatever name) are as follows (by some old definition from 
> California?): 
> 
> First-degree Murder, for which one could be executed. Requires the 
> action and the intent to kill someone, with success. It is not 
> necessary to have had a specific person in mind. The classic examples 
> are shooting into a crowd, or setting off a bomb - it's quite likely 
> that someone will die, no matter who was unlucky that day. 
> 
> It's Attempted Murder if intended but no success - it's the thought 
> that counts. 
> 
> Second-degree Murder, also known in some states as negligent homicide. 
> Requires action, but no intent to kill, but with success. This is the 
> typical charge when an automobile accident leads to a death. Another 
> example is an industrial accident. 
> 
> There is no such thing as attempted second-degree murder, for lack of 
> murderous intent. 

You would think that - and it has been argued in court exactly that way... but I know someone who was convicted and sentenced for attempted second degree murder.  I read the documents submitted attempting to overthrow the conviction.  It didn't fly in Florida.  The crime met every aspect of the requirements for second degree murder (not exactly as you state them, but that varies between states) except the body wasn't dead when they loaded it in the trunk to dispose of it.  

The example of auto accident might not suffice to reach second degree murder in Florida.  There they require you to be committing a felony that could be expected to result in death without intent of causing a death.  So if the manner of driving the auto in the deadly accident was not sufficient to be committing a felony that could be expected to result in death it would not be second degree murder, while it could be manslaughter. 


> If it turns out that someone did slip a live (meaning with a lead 
> bullet and powder) round into the pistol that Alex Baldwin later used 
> on set, whoever meddled with that pistol will likely be charged with 
> first-degree murder, unless the law cannot figure out and prove beyond 
> a reasonable doubt who did it. 

I think that is very clearly not first degree murder since it was only a remote possibility someone would have been killed by the bullet.  In fact I think it was very unlikely someone would have been killed.  You give a definition of first degree murder above, but you don't say that is the definition in New Mexico where the killing took place. 

-- 

Rick C.

- Get 1,000 miles of free Supercharging
- Tesla referral code - https://ts.la/richard11209

Phil Allison <pallison49@gmail.com> wrote in news:0206dccd-cab8-4521-
bbd5-21eb5b30b636n@googlegroups.com:

>  Decaying Nut case LIAR :
> ===================
>> 
>> > I previously compared it to working on a construction site - 
>> > where fatal falls, electrocutions and being hit by heavy falling 
>> > objects are daily events. Despite a host of precautions being in 
>> > place. 
>> >
>> No, they are not. 
> 
> **  Fraid they are. 
> 
>> Or we would be seeing the news stories and we do  not. 
> 
> ** The media mostly ignore it. 
> 
> Roughly 150,000 injuries per year and over 1000 fatalities.
> 
> https://www.2keller.com/library/construction-accident-
statistics.cfm
> 
> Bloody shocking.
> 
> 
> 
> .....  Phil 
> 

  It says one in ten workers get "injured".  I'd be willing to bet 
that all injuries are included, such as finger cuts, knee scrapes, 
bumped heads, etc.  Serious injury is likely a different statistic.

 Decaying Nut case LIAR : 
 =================== 
> >> 
> >> > I previously compared it to working on a construction site - 
> >> > where fatal falls, electrocutions and being hit by heavy falling 
> >> > objects are daily events. Despite a host of precautions being in 
> >> > place. 
> >> > 
> >> No, they are not. 
> > 
> > ** Fraid they are. 
> > 
> >> Or we would be seeing the news stories and we do not. 
> > 
> > ** The media mostly ignore it. 
> > 
> > Roughly 150,000 injuries per year and over 1000 fatalities. 
> > 
> > https://www.2keller.com/library/construction-accident- 
> statistics.cfm 
> > 
> > Bloody shocking. 
> > 
> >
> Serious injury is likely a different statistic.


**  Over 1,000 people dead -  you lying fuckhead.
     At least 10,000 more seriously injured as well 

     FOAD   you pile of lying human garbage 


......  Phil 

The John Doe troll stated the following in message-id 
<sdhn7c$pkp$4@dont-email.me>:

> The troll doesn't even know how to format a USENET post...

And the John Doe troll stated the following in message-id 
<sg3kr7$qt5$1@dont-email.me>:

> The reason Bozo cannot figure out how to get Google to keep from 
> breaking its lines in inappropriate places is because Bozo is 
> CLUELESS...

And yet, the clueless John Doe troll has itself posted yet another
incorrectly formatted USENET posting on Fri, 5 Nov 2021 23:48:35 -0000
(UTC) in message-id <sm4fsj$emp$3@dont-email.me>.

EcdY5tdu74n8

On Friday, November 5, 2021 at 8:41:50 PM UTC-7, palli...@gmail.com wrote:
> Flyshit is So Fucking Stupid 
> ========================
> > Negligence is the failure to exercise due care and diligence.
> ** That is civil negligence - not criminal.
> > Baldwin pointed a firearm at Hutchins and pulled the trigger
> ** That has been proved false over an over - fuckwit.
> > That, by itself, was an unjustifiable
> ** Garbage. He was rehearsing a scene - fuckwit,.
> > Did Baldwin exercise due diligence by investigating these occurrence's and taking corrective action?
> ** No need for him to do so ever existed. 
> 
> 
> Go and f your mother - you ridiculous child. 
> ================================= 
> 
> 
> ...... Phil

Gee Phil, is it possible that you have grown even DUMBER than your last reply to one of my posts? Well, the answer is a RESOUNDING YES! 
1. When negligence is involved in the wrongful death of another it is, by definition, criminal.
2. How did the bullet strike Hutchins if it wasn't pointed at her? I think you are talking about AIMED at her, which is different.
3. Practicing with a LOADED weapon IS negligent. Not checking that the gun was loaded IS ALSO negligent.
4. As the onsite film Producer, Baldwin's duties REQUIRED him to maintain safety on the set. Not only did he not do that, he IGNORED blatant safety lapses (i.e. accidental firearm discharges), categorically negligent.

On Friday, November 5, 2021 at 8:01:34 PM UTC-4, palli...@gmail.com wrote:
> John Dope Criminal Fuckwit wrote: 
> ==========================
> > Joe Gwinn <joeg...@comcast.net> wrote: 
> > 
> > > In the case of Alex Baldwin shooting two people, killing one of them, 
> > > he had no intent to even fire a live round, never mind killing anyone, 
> > > so it is unclear that he will be charged with anything criminal. 
> > 
> > The poster can write but apparently can't read. 
> >
> ** While this one can write but not think. 
> 
> IOW a troll.
> > Look up (allintext:manslaughter intent).
> ** Post a credible link - shithead. 
> 
> > Manslaughter is criminal. 
> 
> ** Duh ??? 
> 
> > Intent is not required. 
> 
> ** Intent to * murder* is not required. 
> Intent to seriously harm or being reckless is.
> > I wonder where some people got the impression intent 
> > is required for criminality.
> ** Cos it is written all over the criminal law - fuckwit. 
> 
> It's called " mens rea " = Latin for "guilty mind" . 
> 
> In criminal matters, it's the thought that counts. 
> Attempted murder, though causing no harm will easily get you 15 years jail. 

And a thought of intentionally killing someone is not required for many crimes.  An act that you know can kill someone, but callously disregarding that possibility still can be a felonious act, even resulting in a second degree murder conviction. 

The fact that "mens rea" is considered in many aspects of the law does not mean you get off because you didn't "mean" to hurt anyone.  Besides, a state of mind is very hard to prove. 

-- 

Rick C.

- Get 1,000 miles of free Supercharging
- Tesla referral code - https://ts.la/richard11209