Alec Baldwin charged with involuntary manslaughter in fatal 'Rust' shooting: district attorney

a reply to: Irishhaf

Two unanswered questions.

Was the weapon faulty? I've hear this going either way.
How did live ammunition get on the set?

It boils down to whether Baldwin's actions or non-actions were reckless or careless (a.k.a. negligent). Due to Baldwin's role as Producer, what were his responsibilities on that set?

Recklessness: willingly taking an initial action that a reasonable person would know will likely lead to the actus reus being committed, e.g. drinking alcohol and then driving as a result of automation due to intoxication.

Carelessness (also known as negligence): failing to exercise due diligence to prevent the actus reus that caused the harm from occurring – rarely used in criminal law, often encountered in regulatory offenses (e.g. careless driving) or in the civil law tort of negligence – these are known as strict liability offenses.

The tests for any mens rea element relies on an assessment of whether the accused had foresight of the prohibited consequences and desired to cause those consequences to occur. The three types of test are:

subjective where the court attempts to establish what the accused was actually thinking at the time the actus reus was caused;

objective where the court imputes mens rea elements on the basis that a reasonable person with the same general knowledge and abilities as the accused would have had those elements, (although R v Gemmell and Richards deprecated this in England and Wales);[1]

or

hybrid, i.e. the test is both subjective and objective

The most culpable mens rea elements will have both foresight and desire on a subjective basis.

A subjective test is applied to offenses requiring intent, knowledge or willful blindness.

For recklessness, a subjective test is applied to determine whether accused willfully took an initial action that is inherently risky (such as drinking alcohol) but an objective test is applied to determine whether the commission of the actus reus could be foreseen (by a reasonable person).

For carelessness, once the prosecution proved the acteus reus, the defendant must prove that they exercised all the care a reasonable person would to prevent the actus reus from occurring.

Recklessness shows less culpability than intention, but more culpability than criminal negligence.[2]

en.wikipedia.org...(law)

I'm not even sure it is carelessness or blind willfulness, because the defendant must prove that they exercised all the care a reasonable person would to prevent the actus reus from occurring as stated above.

I still believe that this is a Prosecutor's Office trying to ditch a hot potato by throwing the matter to a Jury. If they get a conviction they come out looking good. If they get an acquittal, blame the Jury.

This is the general job description of a film producer (although I can't see why it would not apply to Alec Baldwin's role):

As production gets under way, a producer’s responsibilities shift to include the following:

Work with the director to bring on key creative partners such as a cinematographer (director of photography), a production designer, casting agents.
Hire a line producer to put together a budget and schedule.
Offer advice and sign off on all major creative decisions.
Manage all logistics and business operations.
Supervise all aspects of physical production through the production staff.
Make sure a production is on schedule and under budget.

www.masterclass.com... Wgb0

Manage all logistics and business operations...management.

Supervise all aspects of physical production through the productions staff. This one - did Alec Baldwin supervise the production/armory staff? If so to what extent? What exactly does supervise mean within this context?

Prosecutors plan to dismiss charges against Alec Baldwin in ‘Rust’ shooting, Baldwin’s attorney tells CNN



Link