The most serious charge prosecutors are pursuing — which carries five years in jail — would require them to show beyond a reasonable doubt that Baldwin was more than just negligent. In announcing her intent to charge Baldwin, Carmack-Altwies said it was his responsibility to personally ensure the gun was safe to handle and would not fire. They said that criminal charges are rare even in accidental shooting deaths that take place in non-professional settings without safety protocols. And civil suits against Baldwin that are pending have claimed systemic cost-cutting led to dangerous conditions on set, allegations Baldwin and the film's production company have denied. But prosecutors face a much higher burden in a criminal case and will likely need to demonstrate extraordinary safety lapses across the board, legal experts said.

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