• Legal definitions of homicide in the US and applicability to the accide

    From Joe Gwinn@21:1/5 to All on Fri Nov 5 17:19:47 2021
    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

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