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(10,434 posts)Dammit!
consider_this
(2,203 posts)dalton99a
(81,566 posts)a kennedy
(29,697 posts)consider_this
(2,203 posts)now gotta feel enabled to do more shit.
Celerity
(43,485 posts)BlackSkimmer
(51,308 posts)And how the judge loves them.
Mr. Scorpio
(73,631 posts)I'm not surprised at all by this outcome.
Scottie Mom
(5,812 posts)Rocknation
(44,577 posts)Last edited Fri Dec 3, 2021, 12:57 PM - Edit history (1)
Rocknation
Celerity
(43,485 posts)vanlassie
(5,681 posts)a kennedy
(29,697 posts)Tammie
(383 posts)Dawson Leery
(19,348 posts)Judges need shorter tenure, high standards for lawyers, and far fewer law schools.
Ocelot II
(115,826 posts)Most of them are not. But in WI, as in many jurisdictions, judges are elected, and once elected they are hard to get rid of (like bad cops). I don't know whether this particular judge has a reputation for being a screwball or if this was a one-off trial where he finally got a chance to let his freak flag fly, but sadly there's not much that can be done.
The problem isn't so much that there are bad judges and lawyers (or bad cops, doctors, senators, etc.); it's that in almost all professions there are very few effective mechanisms for evaluating and removing the inevitable bad ones.
Amishman
(5,559 posts)once the drone video of his running from Rosenbaum was out, it became exceptionally difficult to get anything to stick
WI 939.48
(2) Provocation affects the privilege of self-defense as follows:
(a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the persons assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.
(b) The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant.
(c) A person who provokes an attack, whether by lawful or unlawful conduct, with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant is not entitled to claim the privilege of self-defense.
So pointing his rifle at someone, his unwanted presence there, being armed in general, putting out fires, etc - all of this would cause him to lose the privilege of self defense under section (a)
The problem is section (b) says that that privilege is regained by withdrawing / fleeing, which it is pretty clear on video that he did.
Now section (c) says if the provoking actions were done with the intent to bait an attack and allow the provoker to cause bodily harm, they cannot claim self defense. I know we all are thinking 'yes, the little shit did!'. The problem is proving intent in court is really really difficult. Other than a few tidbits (like the stupid tiktok video about trying to be famous), there just isn't nearly enough evidence to prove intent to the degree required by the law. Compounding that issue are KR's documented examples of giving aid, putting our fires, and his connections to the town despite not living there - all of these together give a counter-narrative to explain his presence.
The video seems to satisfy section b, and that's all he really needed
Torchlight
(3,360 posts)and their guess of a coin-flip will now be evidence of their vast intelligence.
Celerity
(43,485 posts)Last edited Fri Nov 19, 2021, 03:09 PM - Edit history (1)
Torchlight
(3,360 posts)Maybe my luck and timing has been bad, but I have a hunch there's going to be a lot of post-verdict pats-on-their-own-backs in the coming days.
That's all.
Celerity
(43,485 posts)even when more than sufficient evidence is supplied. I have seen (granted I am not omniscient, lol) little of that in regards to the Rittenhouse trial.
Bettie
(16,120 posts)because even if you kill white people, it's cool as long as you're a right wing tool.
Celerity
(43,485 posts)Ocelot II
(115,826 posts)I feel bad for the victims' families more than anything.
fescuerescue
(4,448 posts)This 18 year old kid doesn't have the massive assets that OJ had.
A chapter 7 filing before signing a bunch of book deals will negate any civil liability.
He get's his credit dinged for a couple years that's all.
Ocelot II
(115,826 posts)Not sure what the rule is in WI but in my state a judgment lien is good for 10 years and can be renewed. Of course he could file bankruptcy, but then he wouldn't get to keep all that nice Gofundme money and whatever other goodies come his way from the right-wingers; he'd be effectively broke and unable to milk his new-found MAGAt hero status for a long time. No amount of money is enough to compensate the victims' families or the person who was injured, but a finding by a jury that he was at fault is worth something.
fescuerescue
(4,448 posts)Unless he had the foresight to have it directed to a trust.
Catherine Vincent
(34,491 posts)I knew it.
Rest in peace to the two individuals that were killed.