There is a big difference between criminal law and civil law.Yep. "Negligence" is probably the word that sums it up best. And negligent homicide is a charge that comes to mind. Problem will be determining where the negligence occurred and who is actually responsible. The young woman who was hired after a more experienced armourer said the job could be done as a part time job split between armourer and prop wrangler? The AD with a known history of careless who called it a "cold gun" when in fact he didn't know whether it was or wasn't? The actor who didn't ask to see a demonstration of empty chambers? The producer who hired the armourer and the AD and made the decision to skimp on staff? Who was the producer-in-charge that day? Was there one? There was a producer on set, but was he doing his job as producer? Why did so many people walk off out of safety concerns just that morning? What will they say? Is it true that this was the second time a gun at gone off when it ought to to have?
Lots to litigate. Sheriff said they had almost 100 people still to interview...
Police cannot press charges based on someone failing to follow industry guidelines, or a vague sense that this was a clusterf**k. Police and prosecutors must look to the criminal statutes for language that exactly fits the alleged crime, and as well, they must have proof 'beyond a reasonable doubt'. The cost of the investigation is carried by the government and they don't spend taxpayer's money pursuing people who jaywalk, etc. As well, the result of a successful prosecution means being sent to jail or monitored probation (at considerable taxpayer's expense) and having a criminal record, which has serious personal consequences.
Civil law (suing) is a much looser set of standards. Firstly, there is no actual legal code that has to be applied, everything is open to claims of harm, it is mostly a matter of persuasion by the claimant. Secondly, there is no burden of proof, there just has to be a probability. Thirdly, there is no punishment, there is only financial compensation at stake, and the less money an individual has, the less likely they will be sued because they have no assets to be claimed if the suit wins. And finally, the cost of the actual lawyers and trial are not paid for by government but by the individuals, and these are so extreme that most people (or their insurance companies) will settle, rather than continue the suit.
So the two aspects of 'justice' are completely separate. I would say most of the arguments being made here are potentially relevant towards Ms. Hutchins husband filing a civil lawsuit for financial compensation, rather than about anyone breaking an actual law.
JMO
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