![]() ![]() Gertner: Baldwin’s likely or strongest defense is that there was no requirement or standard that an actor independently check the gun he was given after it was declared to be “cold” by others on the set. His status as a producer on the film complicates his obligations to a degree, but as some of the news suggests, many individuals are producers in name only. The question is whether the prosecutor will be able to prove beyond a reasonable doubt that there was a clear obligation to check the weapon, which he ignored, whether as actor or producer. He also has an argument that precisely because this prosecution is unprecedented, it violates due process he would have had no notice of any obligation to independently check the weapon. ![]() HLT: What is Baldwin’s likely or strongest defense? Will his position as one of the film’s producers have an impact? And seen as a continuum, it should be clear that the line between criminal liability for involuntary manslaughter and civil liability for negligence causing death begins to blur. This is a fourth-degree felony, with the penalties differing accordingly. Broadly speaking, consider a continuum with premeditated murder at one end (intentional, premeditated, malice), then second degree murder, and finally, manslaughter on the other end. But unlike the other categories of murder, involuntary manslaughter is an unintentional killing, a killing committed with “criminal negligence” or “recklessly” - the allegation that Baldwin should have known the danger involved and that he willfully disregarded it. ![]() Nancy Gertner: Involuntary manslaughter is the least culpable version of crimes in which death results. Homicide crimes are ranked from first degree felonies to fourth degree felonies in New Mexico. Harvard Law Today: Can you briefly explain the charge of involuntary manslaughter and what prosecutors will need to prove? ![]()
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