852
Kyle Rittenhouse criticized Donald Trump. So conservatives said he's transgender.
(www.lgbtqnation.com)
this post was submitted on 06 Aug 2024
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Not quite… The jury’s decision simply indicated that the prosecution did not meet their burden of proof, not that the defense’s position was accepted as fact. This is an important distinction.
Agreed, but keep in mind he was found to be not guilty, which is not the same thing as innocent.
Immensely, painfully, and dangerously stupid.
Fair enough, but I think that this case should be taught in law school as an example of prosecutorial negligence in that if he were simply charged appropriately, 2nd degree non premeditated and/or manslaughter, he would be in prison now for a minimum of 15 years but probably closer to 25 years.
The choice to only charge 1st degree, which took on the burden of proving premeditation, was the biggest legal blunder of our time… worse than Alex Jones’s lawyer sending the full cell phone copy to the prosecutor, which was an absolute joy to watch live as it happened.
You think? His defense was a pretty standard self defense argument. Or does having shown up to the general area at all remove his ability to claim self defense under those charges?
His defense was irrelevant because by only charging 1st degree, and not including the lesser charges, the prosecution took on the burden of proving premeditation, which was not possible to prove in this case.
Even if they were able to admit the evidence that KR had talked about his desire to kill protesters only weeks earlier, the prosecution would still have had trouble proving premeditation beyond a reasonable doubt given this heresy evidence alone.
He was found not guilty because the premeditation was not established beyond a reasonable doubt.
The self defense argument only would have been relevant if he had been charged with 2nd degree murder, reckless homicide, or manslaughter.
In the case of reckless homicide, his self defense argument would have failed due to the fact that a reasonable person would have known that bringing a loaded rifle into the middle of an unpredictable and potentially volatile situation would have the potential of resulting in death.
His unjustified and inappropriate presence that night instigated the conflict, and but for the fact that he was incorrectly charged, he would be in jail now.
Keep in mind that the verdict only establishes that the prosecution did not meet their burden of proof, not that the jury believed the self defense story.