this post was submitted on 04 Aug 2023
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Don’t You Know Who I Am?
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It absolutely does matter. Alec Baldwin also asserts that he never pulled the trigger, and the FBI's analysis found a flaw in the weapon that could cause it to fire without pulling the trigger.
In order to be convicted of a crime, the state needs to prove mens rea (i.e., the intent to commit the crime). You can't be convicted of a crime unless the state can prove you either intended, or should have known, your action would be a criminal act.
If I'm at a gun range, the instructor who is teaching me hands me a gun and says it's safe to fire downrange, and I shoot it, but it turns out someone is in fact downrange out of my visibility and is injured as a result of my shot, could I be convicted of assault with a deadly weapon? The clear answer is no, because I reasonably relied on the expertise of someone whose job it was to ensure the situation was safe before I performed the dangerous action.
Similarly, there was someone on the set whose job it was to ensure the gun was safe to use. That person handed Baldwin the gun and asserted it was safe to use. Baldwin reasonably relied on that person's expertise when he handled the gun and did not do anything unreasonable with it while handling it, so it doesn't make sense to charge him. If he had some role in the presence of live ammunition, then he might be liable in some way, but in his role as an actor, he bears no responsibility.