Yeah if the US is anything like other jurisdictions, then finding lesser verdicts in the alternative is not an issue Maybe @xtomx can confirm? This is the kind of "boring" circumstantial evidence that trial lawyers love. We infer intention from circumstantial and direct evidence. So when someone takes a gun across state lines to a protest with the expressed purpose to use it - it invites an obvious and natural inference of planning and foresight. I used to have to make this argument 100 times a day on the Oscar Pistorius case. When you start keeping a loaded gun by the bed it indicates planning to potentially kill someone. Obviously these cases are much more difficult in the US because far more latitude is given for public open carry, and self defence using weapons. But at the very least, taking a gun to the protest, indicates planning and foresight to shoot someone - in my highly overvalued opinion.
if that's his rationale for bringing the gun, would a prosecutor not benefit from questioning along the lines "what was your intent -- what would cause you to shoot at somebody and possibly kill them - if they were kicking a window of a business you have no link to? if they were throwing a rock at a window of a business you have no link to? if they were entering a closed business you have no link to?" (this assumes the kid takes the stand of course which isn't gonna happen. and yes, I may have been watching too many Law & Order episodes)
That ain't gonna work for the first guy he shot, the murder that caused all those people to go after him. I can't wait for some bank robber to try this shit: hey, I was just trying to get away from the scene of the crime when the police started shooting at me. I shot back in self defense. Remember, he was responding to a call on Facebook (or some other social media) from a group that was formal in some sense. How that works out in the courts, I suspect it's new ground. Yeah, I hope so. I don't know if Kyle is an only child or not, but that's one unfit mother. She needs to get a felony conviction so her kids can...go to the dad or something.
It wasn't. Today Newsday wrote that the bar violated the law by not allowing a routine inspection. New York prohibits venues that serve alcohol from collecting bets, and the bar could lose its liquor license. The owner previously made fun of a transgender person and apologized. I'm not a lawyer, but I think the decision between top charge or nothing, or allowing less charges is decided by every prosecutor. If and when this goes to trial, I hope Trump is no longer president, there is a coronavirus vaccine, and the country is better in other ways. On a related note, I took a class taught by a professor who was a federal prosecutor. Would anybody like to guess why he said he was seeking the death penalty when he didn't want the defendant to get the death penalty? I might not remember to go in this topic, so if you guess you can tag me and I'll post the answer.
Photo was from before he was incapacitated with the unfortunate cases of plantar fasciitis. Before the time when Dr Scholl’s invented a $10 cure.
Depends... There was some sort of altercation between Kyle and the first victim and if his lawyer can convince the jury that the shooting was in self defense, then it’s possible to claim the second and third shootings were also self defense. However, if his lawyer isn’t able to convince the jury the first killing was self defense, then, yeah, self defense won’t work on the second and third shooting.
Is there a video of the first shooting? The ones I have seen are him speaking with "Daily Caller" and when he is on the ground and starts firing. I do not know the circumstances of the first shooting. If he was threatened or assaulted, he could assert self-defense. Again, I don't think it is a good strategy, but is a potential defense. Not sure a "Facebook" group qualifies as a "well-regulated militia" under the Second Amendment. Where is 'Constitutional Originalist' Atononin Scalia to determine if the "founding fathers" considered social media groups in drafting the Second Amendment? Oh, yeah, he is burning somewhere for eternity.
That’s definitely going to be the rub and it will largely depend on what led up to Rittenhouse being knocked to the ground and then shooting the first victim. I’ve seen comments saying Rittenhouse was waving his gun around and threatening people prior to the altercation with the first victim. If that is true, it would make self defense problematic as it could be viewed as Rittenhouse being the aggressor and the victim was acting in self defense.
Too bad for him Wisconsin isn't a "stand your ground" state. All his lawyers would have to do then is prove that a black guy looked at him.
More corruption and fraud House Democrats ask the IRS to investigate the National Rifle Assn & foundation tax-exempt status following a decade of the gun rights lobbying arm siphoning $320M+ from NRA charities while pouring money into political spending on elections. Background: https://t.co/hyiW6tm2w9 pic.twitter.com/pMwjTAZhWb— Anna Massoglia (@annalecta) September 2, 2020
He literally ran across the parking lot to the first victim, got in an altercation, and shot him. While the altercation was clearly shown on video...his sprint to the guy he eventually killed sure was. And I’ll go back to my original point...in order to claim a defense such as he was part of a militia, isn’t it incumbent upon the defense to establish that? So at a minimum he’s going to need his dipshit partners to come testify that he was part of the team. Which I would think puts them in legal risk? I’d certainly be claiming I didn’t know the ******** face
That's beyond my knowledge. I don't understand how him being in an established militia or not would make it okay for him to shoot and kill someone. Even if the argument comes down to the police giving them tacit approval to be there as a result of the videos showing them thanking Rittenhouse and others for being there, it's not okay for police to use lethal force to defend property, so I'm not sure why it would be okay for a militia member to do so...
surely if a judge allowed a defence based on "organized militia" it would open the door to every such group in the US to take to the streets shooting, claiming the same ?
Perhaps, I'm misunderstanding you. Do you mean "not an issue" as in no problem, it's done all the time? If so, you're correct. In pretty much every state you don't have to charge the lesser-included offenses. If there is any evidence to support them, you (or even defense counsel) just has to request that the judge charge the jury on that law prior to their deliberations.
This is a good podcast. I'm about half way through, and all I can say is that these guys are a bunch of corrupt clowns. It is amazing that this didn't get discovered earlier. Just finished that episode. I was thinking about how we mocked some of those episodes here on BS. In particular, the Thomas the Tank Engine one.
This is a good podcast. I'm about half way through, and all I can say is that these guys are a bunch of corrupt clowns. It is amazing that this didn't get discovered earlier. Just finished that episode. I was thinking about how we mocked some of those episodes here on BS. In particular, the Thomas the Tank Engine one.
Yes that is what I meant. In NZ you don't have to charge manslaughter in the alternate for example. Instead argument / evidence might go in that direction, so that counsel raise it or judge in summing up.
The whole thing blew my mind really. It's kind of amazing that members have still not been able to force La Pierre out.
That last episode was eye-opening. The way the California Member Councils work real hard to elect board-members who are WLP buddies. And for trinkets.
Yeah that connected a lot of dots for me. Especially the way La Pierre is essentially able to use NRA money to elect stooges who support La Pierre. No wonder members can't get rid of him Cards on the table, we always had guns in the family and my dad has a large collection, was a pro-hunter, and hunted for food when they were dirt poor in the 50s and early 60s. I grew up shooting. I like shooting, just not animals. And never would we consider using guns to shoot a person. But in NZ, we do support at least some kind of sensible balance between highly restricted ownership and protecting kiwis against mass shootings. We want guns to be highly restricted to so only highly regulated owners have them! So on the basis, I also support members who believed their money was going towards education, and protection of the 2nd A, when actually that money is just being stolen, or diverted to political / corporate causes or grift which in fact have zero to do with 2A I don't agree with the lack of regulation in the US but I'd prefer to see an NRA which actually represents its members rather than the grifter class and corporations
OK, this one has me riled up today. ‘You shoot at the police, expect us to shoot back,’ Ohio sheriff warns This pisses me off. This is the exact opposite of what we need now. The problem is that officers want to go for their gun first when they should be going for the gun last. This gives every officer in his command a license to shoot first and think second. That's not de-escalation; it's instigation. Mindset matters. Last week, those nutcases that pointed guns at protesters and got criminally charged for it got a speaking spot at the Republican National Convention. The next night, a 17-year-old crosses a state line with an AR-15 and murders two and maims a third. Because an authority figure gave credence to the pro-gun mindset. So of course a sheriff using this kind of rhetoric is going to embolden his officers. Intent matters. If you have a gun in your home, and someone breaks in with intent to harm you or your family, you're going to try to kill him. I don't think there's anything wrong with that. But if you call up your local police department today, unsolicited, and say "hey, just so you know... if a guy breaks into my home, I'm going to try to kill him...." They're going to think you're a nut case. And god forbid it actually happens, they're going to go "oh this guy couldn't WAIT to kill someone. He was looking for an excuse." Idiot.
Jones wrote he won’t tolerate behavior similiar to what he’s seen in New York, Portland and Chicago. Apearantly he is okay with what happened in Kenosha.