And yet that’s been the SOP in Hollywood for many decades. Why? Because it is verboten to have a live round anywhere on the property, premises, or person. And because the actor and other crew are too busy with their duties to be focused on firearm safety. They have a job to do and it’s not firearm safety. In fact, it wouldn’t surprise me if - for liability reasons - they are contractually required to NOT disassemble the firearm or handle it in any way otherwise not instructed. The unresolved question is how a live round ended up not only on the premises, but also in the firearm itself. We may never know, but im willing to bet the person responsible is someone who "grew up around guns". |
The standard is without due caution and circumspection. What constitutes a reasonable amount of caution is going to be at issue. To me that's an uphill battle |
The set was in rural new mexico. The crew got bored and enjoyed drunk target shooting. That much is already known |
That’s exactly who real gun owners are, or it’s their brother or cousin who did something like that. They see it as a reasonable mistake. A non gun owner thinks WTF you need to be able to take anpart and put together a gun blindfolded before you get a license. Gun owners think oh well sh!t happens. |
It is the law and reasonable to not allow live rounds on the set. Baldwin is not guilty of shooting someone. He is guilty as the producer for allowing live rounds on the set… if they can prove he knew they were shooting targets when they got bored. |
We already know that there were live rounds on sets and complaints about them. Is he going to claim ignorance about it? |
That's the no true Scotsman fallacy. |
| I just want to know how Hilaria is explaining it to the kids |
For the prosecution of ho has to prove he acted negligently. Not the defense. It’s going to be hard to prove that he shouldn’t have trusted the armourer or assistant producer when that chain of command is the SOP when it comes to gun safety on set and there is no precedent that actors are supposed to check their own guns. |
|
Lawyer here. It's frustrating to see the cycle of coverage without any serious independent analysis of whether this prosecutor could secure a conviction. In my view, it's a chargeable case, but securing a conviction is very unlikely. The prosecutor needs to prove beyond a reasonable doubt that he was criminally negligent with respect to the death. That's a very high standard, higher than ordinary negligence.
One theory of the case is that he should be liable because he pointed and shot the gun. But everybody agrees that he genuinely thought the gun was unloaded and entirely safe—they were rehearsing. In other words, he didn't think he was holding a deadly weapon at all, just a piece of metal. Gun safety adages are good and important, and I entirely agree with the principles about never pointing a weapon at anyone and verifying a weapon is unloaded yourself. But was failing to follow those principles, when he had been specifically told the gun was safe, could not check it himself, was pointing as directed for the scene, and didn't believe he was pulling the trigger, so outrageously unreasonable? In effect, a conviction here would convert gun safety best practices into criminal law under pretty much all circumstances. That would be unprecedented. The other theory of the case is that he was negligent as a producer. But he was one of several producers and the production hired a professional to handle gun safety. It's tough to believe that his oversight of the production, under the circumstances, was so outrageously bad as to constitute a crime. The usual rule is that if there's intervening negligence, you're not liable. I do think there's a much better case for the charge about negligence with respect to handling the gun (rather than the death). That's what someone already pleaded guilty to. |
Of course he will, so would you. The question is can the prosecution prove he knew. |
Hola pepino! |
It’s actually the opposite of no true Scotsman |
| Why do they use real guns on movie sets? Seems crazy! |
fyp |