Legal definitions of homicide in the US and applicability to the accidental shooting on the 'Rust' movie set

Joe Gwinn · 2021-11-05T21:24:39+00:00

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. Theyare very similar in principle, but are not identical, and may be namedand worded quite differently.Most of US law evolved from English Law, except for the LouisianaPurchase states, which instead evolved from the Napoleonic Code ofFrance. New Mexico law likely evolved from English Law.Not all kinds of homicide are considered murder. The main kinds (bywhatever name) are as follows (by some old definition fromCalifornia?):First-degree Murder, for which one could be executed. Requires theaction and the intent to kill someone, with success. It is notnecessary to have had a specific person in mind. The classic examplesare shooting into a crowd, or setting off a bomb - it's quite likelythat someone will die, no matter who was unlucky that day.It's Attempted Murder if intended but no success - it's the thoughtthat counts.Second-degree Murder, also known in some states as negligent homicide.Requires action, but no intent to kill, but with success. This is thetypical charge when an automobile accident leads to a death. Anotherexample is an industrial accident. There is no such thing as attempted second-degree murder, for lack ofmurderous intent.Accidents leading to injury but not death are handled by Tort Law, notCriminal Law, unless it is proven that the "accident" causingcrippling was in fact intentional, leading to a charge of injury withintent to maim or the like.There are some kinds of intentional homicide that are not crimes. Theclassic 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 isdisputed), but even if true, that's at most second-degree murder. I'dhazard that the Assistant...

Nov 05, 2021 Last reply: 4 years ago 66 Replies

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Flyguy 4 years ago

Same difference. At least you spelled "dumbfuck" correctly this time...

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