LOS ANGELES, March 30 (US): Will Smith’s slap seen around the world at the Oscars was clearly a crime, legal experts say, but the chances of a prosecution are slim, and even if convicted he will likely face more than a slap of his own. itself – on the wrist.
Smith left millions of witnesses stunned Sunday when he walked on stage at the Dolby Theater and hit Chris Rock in the face after the comedian taunted his wife, Jada Pinkett Smith, who was sitting with the actor in the front row, The Associated Press reported. reports.
The Los Angeles Police Department said it was aware of the incident but did not investigate because Rock refused to file a police report.
Defense attorney Alan Jackson, a former Los Angeles County District Attorney who has overseen high-profile cases, said that while police could technically open an investigation based on the Oscars broadcast, they wouldn’t without Rock’s participation.
Would they do it in my business world when Chris Rock says, ‘I’m not going to cooperate with a criminal investigation,’ said Jackson. Not in a million years.”
“The LAPD will probably breathe a relative sigh of relief that they don’t have to get involved with two high-profile actors taking it out on the world stage.”
The Los Angeles City District Attorney’s Office, which prosecutes misdemeanours, declined to comment but said it could not press charges without a police referral.
“If he is to be charged, I can’t say what the charge will be,” a spokesman for Rob Wilcox said.
Celebrity news in trouble has been a staple in Los Angeles since the early days of Hollywood, and questions often arise about whether the rich and powerful receive a different kind of justice.
“Unfortunately, there is something celebrity plays,” said former Los Angeles attorney general Steve Colley. “If Joe Blow committed this act in front of a police officer, would he be able to get away from him? Probably not.”
If Smith is not charged, it could jeopardize the credibility of the justice system, said Judy Armor, a law professor at the University of Southern California.
“How can what appears to be a clear criminal act committed in the open lead to any criminal consequences?” Shield asked. “Do different criteria apply to celebrities and non-celebrities? Apparently, we all seem to realize this is the case. But what does this recognition tell us about the legitimacy and credibility of our criminal justice system?”
While celebrities can use their status to influence decision makers, their fame can work against them if a prosecutor decides to make an example of a crime committed by a known person.
“I would be surprised if the city attorney didn’t think about it seriously because it was so public,” said Alison Trissel, a criminal defense attorney who has handled several misdemeanor battery cases. “Do they send the wrong message if they don’t prosecute him?”
Triessl said there was no suspicion that a crime had been committed, and there was no need for the victim to file a report. Charges are routinely brought in domestic violence cases without the victim’s cooperation because the crime is against the state for violating the penal code.
“It sends a message that you can commit a crime and you will not be punished,” she said. “This was a very wrong message.”
Defense attorney Adam Brown said it was unrealistic for Smith to face charges in the absence of serious injuries and without Rock’s support.
“Although a trial is unlikely, the basic idea here is that the evidence is overwhelming and the incident was witnessed live by millions,” Brown said. Prosecutors may feel compelled to prosecute Will Smith, regardless of Chris Rock’s preference, to avoid creating the impression that the wealthy actor is above the law.
If Smith is charged, Count will face a misdemeanor battery, which carries a sentence of up to six months in prison. Even if he is prosecuted and convicted, he is unlikely to face imprisonment and there are alternatives to going to court that could result in a light sentence such as having to attend anger management classes.
Cooley said that if he was advising Smith, he would ask him to voluntarily enroll in rage classes and then try to persuade prosecutors not to press charges in favor of justice because he recognized his problem and was dealing with it.
Cooley said he wanted more information about the case as a prosecutor before making any decisions. He said the LAPD was premature to say they were not involved.
Stephen Downing, the retired LAPD deputy chief, said a case could be brought. But he said it was reasonable not to waste resources when it appeared that Rock wasn’t injured or upset enough to complain.
“The rock continued as if nothing had happened to him,” Downing said. “He didn’t even extend his hand to his cheek. There doesn’t seem to be an injury. If he had thrown him to the ground and lost consciousness, I think action could have been taken.”