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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