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Prosecutors have downgraded the charges against actor Alec Baldwin in the fatal shooting of cinematographer Halyna Hutchins on the set of the film “Rust.” While Baldwin still faces involuntary manslaughter charges, he no longer will have to deal with a firearms enhancement charge that came with a mandatory five-year prison sentence if found guilty.
A statement from the Santa Fe district attorney’s office claims the charge was dropped because “the prosecution’s priority is securing justice, not securing billable hours for big-city attorneys.” Straight Arrow News contributor Adrienne Lawrence wonders why that charge was ever filed and says it’s an example of prosecutors going too far in the name of securing a conviction.
Now, I am no fan of Alec Baldwin and I do find it loathsome that he’s moving forward with filming “Rust.” Even so, I am a fan of justice. How often do prosecutors unnecessarily tack on charges to scare defendants?
Overcharging is a well-known tactic used by prosecutors to leverage a plea bargain, or let’s call it what it is, to coerce a guilty plea. Throwing charges against a wall and seeing what sticks is an abuse of power. That can really harm defendants, particularly those from marginalized backgrounds. You know, people who don’t have the resources to pay big-city attorneys to fight back, but are forced to rely on the already-strained public defender’s office.
Overcharging only furthers mass incarceration, funneling more marginalized people into a system that hurts communities and hurts the innocent. Prosecutors are supposed to be the gatekeepers of the criminal justice system. When gatekeepers abuse their power, there can be no justice. Now fortunately for Baldwin, it’s more likely that justice will be done in his case, because he has the economic means to hire the best legal counsel who will advocate on his behalf and challenge ridiculous charges like this sentencing enhancement. But not everybody has those means. Actually, most of us don’t. We’re relying on prosecutors to be ethical in their charging decisions, to not abuse the power that they have, not to make a statement or to garner media attention.
Those New Mexico prosecutors, they know that the world is watching so why they would use this moment as an opportunity to sow further doubt in the criminal legal system is truly beyond me. But one thing I do know however, is that every defendant deserves better… even the wealthy white ones who can afford to fight back.
