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Yo_Mama_Been_Loggin

(108,170 posts)
Fri Nov 19, 2021, 10:01 PM Nov 2021

Kyle Rittenhouse verdict violates these 5 standards for claiming self-defense

In a two-week trial that reignited debate over self-defense laws across the nation, a Wisconsin jury acquitted Kyle Rittenhouse for shooting three people, two fatally, during a racial justice protest in Kenosha.

-snip-

Five elements of self-defense

As a professor of criminal law, I teach my students that the law of self-defense in America proceeds from an important concept: Human life is sacred, and the law will justify the taking of human life only in narrowly defined circumstances.

The law of self-defense holds that a person who is not the aggressor is justified in using deadly force against an adversary when he reasonably believes that he is in imminent danger of death or serious bodily injury. This is the standard that every state uses to define self-defense.

To determine whether this standard is met, the law looks at five central concepts.

First, the use of force must be proportionate to the force employed by the aggressor. If the aggressor lightly punches the victim in the arm, for example, the victim cannot use deadly force in response. It’s not proportional.

Second, the use of self-defense is limited to imminent harm. The threat by the aggressor must be immediate. For instance, a person who is assaulted cannot leave the scene, plan revenge later and conduct vigilante justice by killing the initial aggressor.

-more-

https://www.marketwatch.com/story/kyle-rittenhouse-verdict-violates-these-5-standards-for-claiming-self-defense-11637358131

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Kyle Rittenhouse verdict violates these 5 standards for claiming self-defense (Original Post) Yo_Mama_Been_Loggin Nov 2021 OP
That assumes the jury accepted the claim NotANeocon Nov 2021 #1
Meaning the jury was biased like the judge. LiberalFighter Nov 2021 #2
I think it was jury nullification... 3Hotdogs Nov 2021 #4
I would think stressing to the jury self defense doctrine also requires clean hands. LiberalFighter Nov 2021 #3

NotANeocon

(423 posts)
1. That assumes the jury accepted the claim
Fri Nov 19, 2021, 11:49 PM
Nov 2021

and was not simply engaging in nullification of the charges laid against him.

3Hotdogs

(12,405 posts)
4. I think it was jury nullification...
Sat Nov 20, 2021, 02:21 AM
Nov 2021

alone with the idea, its Friday, lets get da hell out'a here. I don't wanna come back here Monday, Do you?

LiberalFighter

(51,059 posts)
3. I would think stressing to the jury self defense doctrine also requires clean hands.
Sat Nov 20, 2021, 12:12 AM
Nov 2021

There were no clean hands involved with the murderer. Going to Kenosha. Tromping around armed with an assault weapon. Not having a license for the weapon. Violating the curfew. Lying about his intentions.

The jury has now created a dangerous situation for future confrontations. I would consider it unsafe to be anywhere near the murderer.

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