Re:Alec Baldwin Will Be Charged with Involuntary Manslaughte...
by torstenvl on Friday January 20, 2023 @01:26PM
(#34457433)
> Of course it does
I'm a Harvard-trained lawyer with over 15 years of criminal litigation experience, including in homicide. I have a former client right now serving a sentence for involuntary manslaughter (he was originally charged with murder).
You don't need to listen to me. I have neither the ability nor the desire to force you to listen to me. But I promise you I know what I'm talking about.
Re:Alec Baldwin Will Be Charged with Involuntary Manslaughte...
by hackinthebochs on Friday January 20, 2023 @01:46PM
(#34457765)
Why does every discussion concerning emotionally charged issues devolve into some version of this? Why can't it just be about offering arguments to clarify the landscape?
Re:Alec Baldwin Will Be Charged with Involuntary Manslaughte...
by torstenvl on Friday January 20, 2023 @02:16PM
(#34458242)
This isn't about an emotionally charged issue. The discussion is about the legal test for negligence. It is an objective standard: what a reasonable person would do. The specifics of the individual are irrelevant.
Re:Alec Baldwin Will Be Charged with Involuntary Manslaughte...
by hackinthebochs on Friday January 20, 2023 @02:30PM
(#34458463)
But what does a "reasonable person" standard say when it comes to specialist knowledge? Why would a reasonable person not expect that an armorer who is responsible for ensuring the proper state of the gun is sufficient "due caution and circumspection"?
So you personally inspect your car for suitability, your food for safety, all amusement parks, buildings, tools, etc that you come into contact with? Yes, modern society would not be possible without outsourced responsibility.
>Negligence does not differ for actors.
Of course it does. Those with more knowledge and training are held to higher standards in specific contexts. That's why we have licensing and such. The question is how do guns fit into this context.