If you bring a case against someone in bad faith, you shouldn’t be able to prosecute it again when you get caught. Otherwise there’s no consequence for the state when they don’t play by the rules.
Tbh, they should get disbarred as well. If playing dirty just turns into a stroke of luck for the accused and nothing more, it doesn’t really do much to stop the prosecution from doing it again. They get paid to play dirty and just move on to the next one when caught.
Exactly where I was going with my question. There would need to be steep penalties for being caught trying to undermine the process. Even if they had made an honest mistake, I feel the individuals holding the power of a prosecutor should be expected to held to a higher standard, and therefore higher consequence.
Yes, I’m very much in favor of those protections if acquitted. Usually, dismissal with prejudice is for whatever the “vexatious litigant” equivalent is for public criminal prosecution. Where there is misconduct on behalf of the prosecutor, the case should be retried fairly.
They are when you’re holding an actual trial. You can’t try both criminal and civil charges simultaneously, the two processes are quite different from each other.
I don’t think his criminal liability is any different between him being a producer or an actor. He was criminally charged for manslaughter because he was the one who pointed the gun and pulled the trigger. It had nothing to do with his title or role in the movie’s production.
Civil liability is an entirely different thing. I would argue his civil liability as the producer is probably greater than it is as the actor. An actor would in theory have very little to do with the overall production and the handling of firearms on the set. The producer on the other hand could easily be proven as responsible for systemic failures in basic safety protocols.
That’s dumb. As an actor, I can understand it, but as the producer, he definitely bears responsibility for the actions of the crew.
Did you read WHY it was dismissed?
It was due to the actions of the police and prosecutor withholding evidence improperly.
ACAB?
ACAB.
Even if true, that’s no reason to dismiss with prejudice.
If you bring a case against someone in bad faith, you shouldn’t be able to prosecute it again when you get caught. Otherwise there’s no consequence for the state when they don’t play by the rules.
True, but the mechanism for that should be consequences for the prosecutors themselves, not bypassing justice and absolving the accused.
If it hadn’t been detected, a potentially innocent person goes to jail.
(I’m aware someone died, but the case wasn’t over yet)
Right. They should resolve the issue with the evidence and retry the case fairly.
The prosecution is an entity. They can’t bring the case again.
Only because the judge chose to dismiss with prejudice.
Not that I agree with you, but what’s your idea of the prosecutor’s consequence? A fine? Firing? Disbarment?
Tbh, they should get disbarred as well. If playing dirty just turns into a stroke of luck for the accused and nothing more, it doesn’t really do much to stop the prosecution from doing it again. They get paid to play dirty and just move on to the next one when caught.
Exactly where I was going with my question. There would need to be steep penalties for being caught trying to undermine the process. Even if they had made an honest mistake, I feel the individuals holding the power of a prosecutor should be expected to held to a higher standard, and therefore higher consequence.
I hear finger-wagging under their nose is pretty effective.
I’m not familiar with how discipline for a prosecutor works, but I assume there is some process.
You’re complaining about legal protections citizens have for good reasons.
https://en.wikipedia.org/wiki/Double_Jeopardy_Clause
https://en.wikipedia.org/wiki/Blackstone's_ratio
Yes, I’m very much in favor of those protections if acquitted. Usually, dismissal with prejudice is for whatever the “vexatious litigant” equivalent is for public criminal prosecution. Where there is misconduct on behalf of the prosecutor, the case should be retried fairly.
Criminal or civil liability?
They aren’t mutually exclusive
They are when you’re holding an actual trial. You can’t try both criminal and civil charges simultaneously, the two processes are quite different from each other.
Even then they aren’t mutually exclusive. It just isn’t dispositive of the other.
In a civil trial after being found guilty of a crime you couldn’t reasonably argue that you shouldn’t be found civilly liable because of that.
Criminal. Manslaughter is a criminal offense.
I don’t think his criminal liability is any different between him being a producer or an actor. He was criminally charged for manslaughter because he was the one who pointed the gun and pulled the trigger. It had nothing to do with his title or role in the movie’s production.
Civil liability is an entirely different thing. I would argue his civil liability as the producer is probably greater than it is as the actor. An actor would in theory have very little to do with the overall production and the handling of firearms on the set. The producer on the other hand could easily be proven as responsible for systemic failures in basic safety protocols.