feddit.org

5 points

4 months ago

If you’re driving and your brakes mysteriously fail, consequently someone dies. Is it manslaughter?

Edit: clarity.

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halcyoncmdr@lemmy.world

16 points

4 months ago

Not quite, you’re ignoring the role of the armorer on set in your metaphor.

If you just picked up your car from the mechanic after they were expected to check everything, including the brakes, and the brakes then fail causing you to crash and kill someone… Is it manslaughter? And if so, who is at fault?

You were driving the vehicle, but you would obviously expect the brakes to be in working order since they were supposedly checked immediately before you started driving. The driver would almost certainly not be charged in that case, but the mechanic on the other hand would clearly be negligent, directly leading to the death.

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1 point

4 months ago

I’m not tho. One of the implications of the bullets being a little bit of everywhere was that it implied another source.

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FuglyDuck@lemmy.world

-12 points

4 months ago

Depends on why they failed and if you should have maintained your car better.

It’s usually not all that mysterious. Brakes don’t just randomly fail for no reason.

Let’s say they failed because of poor maintenance. Then yes.

Let’s say they failed because there was a defect in the brake line that caused it to rupture in the high temperatures of summer. Then no.

Baldwin failed a duty of care to ensure the weapon was cleared and in fact safe. He then failed a duty of care when handling that weapon in an extremely unsafe manner.

To go with the analogy, he knew his brakes were failing and drove anyway.

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5 points

4 months ago

If you know your brakes are failing, and they fail… It’s not mysterious.

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FuglyDuck@lemmy.world

-11 points

4 months ago

Then your analogy sucks. This wasn’t a random failure.

As I said in the reply: Baldwin knew- or should have known- that he was handling the firearm unsafely, and that he shouldn’t handle it in an unsafe manner,

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6 points

4 months ago

No. But with the withheld evidence now known… The armorer herself may not have been convicted and she’s certainly getting retried.

Those mistakes didn’t happen in a vacuum. But proving where that vacuum came from doesn’t have the same certainty that it did.

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FuglyDuck@lemmy.world

-7 points

4 months ago

That’s just it.

It doesn’t matter.

Baldwin had a duty of care to know. He didn’t know. And now someone is dead. Had he taken the 30 seconds to clear the firearm, “oh there’s something chambered. armorer identify these!” (Or taking one out and checking himself, cuz it’s that kind of production, I guess….”hey this doesn’t rattle!”)… Alina would probably be alive today.

While HGR does have blame as the armorer who allowed abysmally bad safety practices; she’s not alone in that blame.

And the other guy who pled out. Him too.

The only way they could get out of it is if the prop cartridges were so realistic that you can’t tell them apart. At all. And for obvious reasons no prop company will ever produce such cartridges.

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2 points

4 months ago

According to the affidavit, Halls said he did not check all cylinder chambers, but he recalled seeing three rounds in the cylinder at the time. (After the shooting, Halls said in the affidavit, Gutierrez-Reed retrieved the weapon and opened it, and Halls said that he saw four rounds which were plainly blanks, and one which could have been the remaining shell of a discharged live round.)[44] In the warrant, it is further stated that Halls announced the term “cold gun”, meaning that it did not contain live rounds.[42] Halls’s lawyer, Lisa Torraco, later sought to assert that he did not take the gun off the cart and hand it to Baldwin as reported, but when pressed by a reporter to be clear, she refused to repeat that assertion.[45]

It’s Wikipedia, but it matches what I’ve read elsewhere. He was told he had a cold gun. There is a division of responsibility and what’s described doesn’t match your assertion.

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