Question: I know this question is somewhat subjective, due to unknowns such as location, but can anyone hazard a guess as to what kind of punishment/sentence Pitt would be likely to get after shooting Spacey? Bearing in mind the unusual situation and that he is otherwise a model citizen.
Michael Albert
21st May 2014
Seven (1995)
Answer: According to the "letter of the law" Mills would be subject to a reasonably lengthy prison sentence. I'm thinking Murder 2 or Voluntarily Manslaughter. In an academic vacuum he should be looking at 25 years minimum. However, with the extreme nature of the circumstances I could definitely see a prosecutor (and general public) go very light on Mills as it's not exactly a difficult situation to imagine the stress Mills was under at the moment. Historically the legal system was a pretty forgiving when it comes to acts of revenge in cases of intimate offenses. In the real world the cops simply would have fixed the scene and Mills would have walked away scot-free and probably been back to work on Monday lol.
Join the mailing list
Separate from membership, this is to get updates about mistakes in recent releases. Addresses are not passed on to any third party, and are used solely for direct communication from this site. You can unsubscribe at any time.
Check out the mistake & trivia books, on Kindle and in paperback.
Answer: Based on my extensive legal training (that being watching just about every episode of "Law & Order" in syndication), I would say Brad Pitt, Detective David Mills, is guilty of manslaughter. It is clear that the execution of the defenseless John Doe without benefit of trial in a court of law is, by definition, illegal. If prosecutors were to proceed to indictment, it would likely not be for the crime of murder. More likely, the charge sought would be "voluntary manslaughter," defined as killing with intention to kill or to cause serious harm, but with mitigating circumstances that reduce culpability - in this case, extreme emotional distress. Given these particular circumstances, however, Detective Mills would have an excellent chance of being found either not guilty, or not guilty by reason of insanity at trial by a jury of his peers. It is also quite likely he would not even be prosecuted given the extreme circumstances under which the killing occurred. However, a State's Attorney or District Attorney should pursue charges, as a clear violation of the law has occurred, regardless of how sympathetic or understandable the context.
Michael Albert
The District Attorney has wide discretion and can refuse to prosecute. If the DA does not think there is sufficient evidence to get a conviction if the case were to go to trial (no prima facie case), the case will be dismissed. (That's how prosecutors are able to attain such high conviction rates.) This case would not be likely to be prosecuted, regardless of the evidence. However, IF the case went to trial, the defense attorney would probably start by asking for a dismissal. If that didn't work, the defense attorney would most likely assert that, under the circumstances of the case, it was an excusable or justifiable homicide and the defendant is therefore NOT GUILTY.
KeyZOid