New Mexico prosecutors plan to recharge Alec Baldwin with involuntary manslaughter over a fatal on-set shooting in October 2021.
The prosecutors dismissed charges against the Emmy award-winning actor in April, just two weeks before his trial was due to start.
But “additional facts” merit bringing the case again before a grand jury next month, they said.
My personal opinion: The public prosecutor’s want to fuck Baldwin hard because he impersonated Trump in several mock speeches
Seems more like the police and investigators made a complete mess of this and they desperately need to slap someone with something to save face. Someone involved is directly culpable and the authorities have no idea who, because they did such a poor job.
The article also confuses me. FBI investigation broke the gun, so those parts were replaced.
How can they still say with certainty that the gun wasn’t defect?
If the charges were dismissed wouldn’t that be considered double jeopardy charging him again for the same crime?
Charges can be dismissed with prejudice or without prejudice. If they are dismissed with prejudice, you can’t be charged again. If they are dismissed without, then you can.
Depends on when, by whom, and why they are dismissed.
I’d say dismissals with or without prejudice goes to law of the case doctrine and issue preclusion. Those doctrines are about whether the prosecution is legally able to relitigate something that was already decided under the law, in the interests of judicial economy and finality of judgments.
Freedom from double jeopardy on the other hand is a constitutional right and attaches specifically when a jury is empaneled and sworn in. Before that, the defendant is not “in jeopardy.” If a case never made it to a jury, a subsequent prosecution is not double jeopardy.
If a case is dismissed after a jury is sworn, it is the consequence of jeopardy that makes the dismissal one with prejudice.
Dismissed charges is not the same as going through trial and being acquitted
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Fair point, yeah I would think his legal team will be trying anything for another dismissal.
*champing at the bit
It’s a common phrase that’s often said incorrectly. What’s the difference between “champing at the bit” and “chomping at the bit”? Which one is correct?
It’s champing at the bit, not chomping at the bit.
This phrase (or idiom) comes from the sport of kings: horse racing. A bit is part of the apparatus that goes in the horse’s mouth and connects to the bridle and reins so the horse can be controlled and directed by the jockey on its back. The bit fits into a toothless ridge of the horse’s mouth, so the horse never really bites the bit. But it can grind his teeth or jaw against the bit, and if it does, it means that the horse is either nervous, or really excited about racing. That’s how the phrase “champing at the bit” entered everyday communications: to indicate extreme eagerness.
You seem certain of this and this quote is apparently copy pasted from a reliable source, however it still makes more sense to me to say chomping at the bit. If you take a bite of a sandwich, do you “chomp” it, or “champ” it?
I am not a horse. But, if I were to bite into a sandwich, I would chomp it between my teeth. A bit from a horse’s bridle rests behind a horse’s teeth. (Their teeth don’t go as far back as ours do)
When champion race-horses “champs” get excited and pull on and grind at the bit - “champing at the bit” - they’re not actually biting down on it really. The facts that “champing” and “chomping” both sound similar and have to do with something in the mouth is just a weird coincidence. It’s a play on words.
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then you may not have one of my freshly baked, delisiously buttery cwasawh
Isn’t double jeopardy being tried for the same crime twice? It says the charges were dropped two weeks before going to trial, so he hasn’t been tried for it yet.
Not if new information is brought forward
Out of all the people that know 100% Baldwin is guilty of manslaughter, how many would flip their opinion in an instant if Trump killed someone while filming a pro gun campaign ad?
100%? How is that?
A learned intermediary handed him a dangerous tool and said it was good to go.
If the pharmacist gives you the wrong pills filling a script for your kid, and your kid takes them and dies, you’re not liable for manslaughter.
It is generally reasonable to rely on the professional representations of a learned intermediary, especially in a case where the intermediary’s profession is so life-and-death important.
This was the armorer’s one contractual duty. As a producer, Baldwin took reasonable steps to protect the victim by hiring a professional armorer. That satisfies a principal’s nondelegable duty for general safety, imo. Maybe he is culpable for negligent hiring or negligent supervision, not for manslaughter, though.
Further, what are you saying was Baldwin’s duty, here? To–after the person hired solely to inspect, load, and handle the guns, handed it to him and said it was safe–clear the chamber, take out the magazine, and inspect and reload each cartridge? Baldwin’s duties are those of an actor, not an armorer.
If you hire a painter, does that impute a duty on your part to test the paint for lead? No, it’s the painter’s duty to perform her contract as a reasonable tradesperson.
These are some gaping holes in your 100%.
Uh. Did you read the comment?
I guess I missed the point, any how.
Read better. Write less.
Oh yeah, I misunderstood.
Oh well, you still made a solid point.
If he was a non producer, then you would have a stronger argument, but as a producer he may have been negligent in hiring someone unqualified.
In a normal setting, pointing a gun at a person would be negligent, even if you believed it was empty. I don’t know the industry standard on movie sets, but pointing a real gun at a human when not in a scene would be at least careless, possibly legally negligent.
That’s for the court to decide.
That negligence as a producer would be civil though, not criminal.
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