• Re: Legal definitions of homicide in the US and applicability to the ac

    From Jim Wilkins@21:1/5 to All on Fri Nov 5 17:34:00 2021
    "Joe Gwinn" wrote in message news:gg5bogpdsi9f84qtg0epvpn32vmhil563i@4ax.com...
    ...
    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.

    Joe Gwinn

    ---------------------

    https://www.westernstageprops.com/5-in-1-Brass-Blank-Ammunition-p/sa13b.htm

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  • From Joe Gwinn@21:1/5 to muratlanne@gmail.com on Sat Nov 6 11:55:04 2021
    On Fri, 5 Nov 2021 17:34:00 -0400, "Jim Wilkins"
    <muratlanne@gmail.com> wrote:

    "Joe Gwinn" wrote in message >news:gg5bogpdsi9f84qtg0epvpn32vmhil563i@4ax.com...
    ...
    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.

    Joe Gwinn

    ---------------------

    <https://www.westernstageprops.com/5-in-1-Brass-Blank-Ammunition-p/sa13b.htm?

    Makes sense. But we don't yet know what was in fact being used on the
    set.

    Joe Gwinn

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  • From randy333@aol.com@21:1/5 to All on Mon Nov 8 11:42:52 2021
    On Fri, 05 Nov 2021 17:19:47 -0400, Joe Gwinn <joegwinn@comcast.net>
    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.

    Accidents leading to injury but not death are handled by Tort Law, not >Criminal Law, unless it is proven that the "accident" causing
    crippling was in fact intentional, leading to a charge of injury with
    intent to maim or the like.

    There are some kinds of intentional homicide that are not crimes. The >classic example is self-defense.

    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 Armorer and the Assistant Director may have been sloppy (this is >disputed), but even if true, that's at most second-degree murder. I'd
    hazard that the Assistant Director is the likely focus, not the
    24-year old Armorer, who reports to that Assistant Director.

    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.

    Joe Gwinn


    What I find totally unbelievable is....

    1.Why there was a real gun on set? It was a real gun, not a "prop"
    gun.

    2. Why was there live ammo on set?

    Randy

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  • From Jim Wilkins@21:1/5 to All on Mon Nov 8 12:44:07 2021
    What I find totally unbelievable is....

    1.Why there was a real gun on set? It was a real gun, not a "prop"
    gun.

    2. Why was there live ammo on set?

    Randy

    ------------------

    https://ascmag.com/blog/filmmakers-forum/filming-with-firearms

    "...we use everything from fake firearms, designed to look acceptable from a distance, to real firearms that both look authentic and can fire blanks when desired. "

    "CGI may be used for close-range gunshots that could not be safely achieved otherwise, but yes, even with all the advancements in visual effects and computer-generated imagery, we still fire guns with blanks. The reason is simple: We want the scene to look as real as possible. We want the story and characters to be believable. Blanks help contribute to the authenticity of a scene in ways that cannot be achieved in any other manner."

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  • From Joe Gwinn@21:1/5 to randy333@aol.com on Mon Nov 8 16:45:53 2021
    On Mon, 08 Nov 2021 11:42:52 -0500, randy333@aol.com wrote:

    On Fri, 05 Nov 2021 17:19:47 -0400, Joe Gwinn <joegwinn@comcast.net>
    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.

    Accidents leading to injury but not death are handled by Tort Law, not >>Criminal Law, unless it is proven that the "accident" causing
    crippling was in fact intentional, leading to a charge of injury with >>intent to maim or the like.

    There are some kinds of intentional homicide that are not crimes. The >>classic example is self-defense.

    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 Armorer and the Assistant Director may have been sloppy (this is >>disputed), but even if true, that's at most second-degree murder. I'd >>hazard that the Assistant Director is the likely focus, not the
    24-year old Armorer, who reports to that Assistant Director.

    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.

    Joe Gwinn


    What I find totally unbelievable is....

    1.Why there was a real gun on set? It was a real gun, not a "prop"
    gun.

    Real guns look realistic in close shots. Prop guns look OK only at a
    distance.


    2. Why was there live ammo on set?

    That is the big question. A lot of people with badges are digging
    into that. Stay tuned.

    Joe Gwinn

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  • From randy333@aol.com@21:1/5 to watched on Thu Nov 11 09:21:17 2021
    On Mon, 08 Nov 2021 16:45:53 -0500, Joe Gwinn <joegwinn@comcast.net>
    wrote:

    On Mon, 08 Nov 2021 11:42:52 -0500, randy333@aol.com wrote:

    On Fri, 05 Nov 2021 17:19:47 -0400, Joe Gwinn <joegwinn@comcast.net>
    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.

    Accidents leading to injury but not death are handled by Tort Law, not >>>Criminal Law, unless it is proven that the "accident" causing
    crippling was in fact intentional, leading to a charge of injury with >>>intent to maim or the like.

    There are some kinds of intentional homicide that are not crimes. The >>>classic example is self-defense.

    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 Armorer and the Assistant Director may have been sloppy (this is >>>disputed), but even if true, that's at most second-degree murder. I'd >>>hazard that the Assistant Director is the likely focus, not the
    24-year old Armorer, who reports to that Assistant Director.

    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.

    Joe Gwinn


    What I find totally unbelievable is....

    1.Why there was a real gun on set? It was a real gun, not a "prop"
    gun.

    Real guns look realistic in close shots. Prop guns look OK only at a >distance.

    I always thought that "prop" guns were either non-firing replicas or
    real guns modified so that they cannot hold a real live round. Blanks
    are shorter than real rounds and the chamber can be blocked so a live
    round does not go in.

    Barrels can be obstructed too. A sub caliber hole will still let
    flash and smoke out, but will stop a bullet, possibly with destructive
    results to the gun, better than a bullet traveling a mile or more
    until it hits something.

    Huge budgets, but save $500 and use a real unmodified gun. ?????

    I knew real guns were used in the early days maybe even to the 50's.
    Hollywood would hire marksmen to shoot near actors to get the bullet
    strike and wood splinters flying effect. I thought the use of all
    real guns was banned way back when. I can't remember if the show I
    watched said anything about that, I think it a special on stuntmen.



    2. Why was there live ammo on set?

    That is the big question. A lot of people with badges are digging
    into that. Stay tuned.

    Joe Gwinn

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  • From Jim Wilkins@21:1/5 to All on Thu Nov 11 12:34:25 2021
    Firearms aren't the only dangers film makers, stunt people and some actors willingly take on.

    https://www.workandmoney.com/s/dangerous-movie-stunts-94cfb629789340f9

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  • From Joe Gwinn@21:1/5 to randy333@aol.com on Thu Nov 11 12:28:26 2021
    On Thu, 11 Nov 2021 09:21:17 -0500, randy333@aol.com wrote:

    On Mon, 08 Nov 2021 16:45:53 -0500, Joe Gwinn <joegwinn@comcast.net>
    wrote:

    On Mon, 08 Nov 2021 11:42:52 -0500, randy333@aol.com wrote:

    On Fri, 05 Nov 2021 17:19:47 -0400, Joe Gwinn <joegwinn@comcast.net> >>>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.

    Accidents leading to injury but not death are handled by Tort Law, not >>>>Criminal Law, unless it is proven that the "accident" causing
    crippling was in fact intentional, leading to a charge of injury with >>>>intent to maim or the like.

    There are some kinds of intentional homicide that are not crimes. The >>>>classic example is self-defense.

    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 Armorer and the Assistant Director may have been sloppy (this is >>>>disputed), but even if true, that's at most second-degree murder. I'd >>>>hazard that the Assistant Director is the likely focus, not the
    24-year old Armorer, who reports to that Assistant Director.

    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.

    Joe Gwinn


    What I find totally unbelievable is....

    1.Why there was a real gun on set? It was a real gun, not a "prop"
    gun.

    Real guns look realistic in close shots. Prop guns look OK only at a >>distance.

    I always thought that "prop" guns were either non-firing replicas or
    real guns modified so that they cannot hold a real live round. Blanks
    are shorter than real rounds and the chamber can be blocked so a live
    round does not go in.

    Prop guns are non-functional look alikes, good enough for filming
    actors who are not close to the camera.


    Barrels can be obstructed too. A sub caliber hole will still let
    flash and smoke out, but will stop a bullet, possibly with destructive >results to the gun, better than a bullet traveling a mile or more
    until it hits something.

    At which point the gun with obstructed barrel would explode, killing
    the actor. Whose estate will sue.

    Blanks usually have a paper or plastic wad, to ensure that a
    reasonable gunshot sound is generated, which requires generation of
    essentially full chamber pressure, which is impossible without a solid
    wad of some kind. If this wad is blocked from escaping the barrel,
    the gun will explode as well.


    Huge budgets, but save $500 and use a real unmodified gun. ?????

    I knew real guns were used in the early days maybe even to the 50's. >Hollywood would hire marksmen to shoot near actors to get the bullet
    strike and wood splinters flying effect. I thought the use of all
    real guns was banned way back when. I can't remember if the show I
    watched said anything about that, I think it a special on stuntmen.

    This issue is not to save $500, which is insignificant on the scale of
    a movie budget, even a low-budget film. The biggest expense is
    usually payroll.

    Real guns were and still are used for realism. Fake guns just don't
    look and sound right when filmed up close. One also needs to see a
    believable recoil effect on the actor for it to look right.

    So, what kind of gun and round to use is at end an artistic decision.

    Joe Gwinn

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