Re: Kenosha Shooter – Kyle Rittenhouse Trial and Verdict [MERGED]
That's really incredible. I had not seen the law quote before.
Most of the self-defense laws that we're familiar with are better written. Many of the better written laws were designed by legal experts working for think tanks or 501(c)(3) organizations like
American Legislative Exchange Council (ALEC) on behalf of their special interests.
The Wisconsin law goes back to the 1980s and it's a Frankenstein law that has been amended but never rewritten.
The law itself is based upon a premise that most of us would agree with: that a person being attacked has the right to protect themselves. The reasonable reading of that intent would be situations of domestic violence, assaults in public, home break-ins, etc.
The reason that so many on the left are shocked by the verdict is that they're looking at the big picture: a 17 year old who was in a place where he should not have been with a motive that is specious, in a situation- that he created- in which he was in way over his head. That's a "parental view" of a minor's misbehavior. Wisely, the defendant's legal team admitted that he killed two people and wounded a third and they didn't defend all of the "parental view" arguments. T
hey used the Wisconsin self-defense statute to narrowly argue that the killings were self-defense and that Rittenhouse couldn't be convicted under Wisconsin law.
Under Wisconsin law, the defense strategy worked.
This article explains why the conviction- under Wisconsin law- was inevitable:
Kyle Rittenhouse's acquittal for shootings based on self-defence isn't surprising: legal experts [CBC]
In the legal view, he was the survivor which gave him the ability to use a badly written law to claim "self-defense". The two dead people aren't around to claim self-defense and the person who was wounded pulled a gun which just supported the defense's claim.
In our system of justice, where the defendant is innocent until proven guilty, these self-defense laws give the person who does stupid things the right to claim self-defense, especially when the law is badly writen, overly broad and doesn't consider the state of mind of the person who did the killing.
Something to consider: Grosskreutz, the survivor of the shooting pulled a handgun on Rittenhouse before he was shot. If he would have killed Rittenhouse, he would have used this self-defense law to claim that he acted in self-defense after Rittenhouse murdered two people. And Grosskreutz would would have not been convicted, either.
Im barely curious to know the demographic spread of who that law has exonerated. Mostly white men? Probably. I would bet my kitchen remodel budget on it. Maybe I'll google later to confirm, but this is all part of a pattern that hasnt changed since 1776.
This is part of the problem: You're trying to frame this to a bias that is completely irrelevant to the Rittenhouse case.
FYI- one of the cases that led to amendment of the Wisconsin law was a case where an undocumented Mexican immigrant shot a State Trooper during a traffic stop and then claimed he did so "in self-defense". These laws don't consider race, although the selective enforcement of these laws can be dependent upon the whims of a District Attorney.
The Rittenhouse case would have never happened without permissive gun laws that allow someone to buy a weapon who purpose is to kill humans, an Open Carry Law, and a Self-Defense Law that is badly written. Remove any of these laws, and either the situation would not have happened or Rittenhouse would have been convicted of murder.
In a society that allows people to self-deputize, allow them possess weapons whose sole purpose is to kill, allow them to "open carry" (so that you can't tell whether they're a good guy or a bad guy), allows a minor to carry a long gun in public under the assumption he's "hunting" and allows the survivor of a shootout to claim he acted in self-defense, awful stories like these will continue to happen.
As long as the public continues to try to frame these incidents to their own interests- whether pro-gun vs pro-gun reform- these bad laws will not be reformed or repealed.