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re: Kyle Rittenhouse- Jury Instructions/Closing Arguments
Posted on 11/15/21 at 9:58 am to KosmoCramer
Posted on 11/15/21 at 9:58 am to KosmoCramer
I hate that the provocation instruction got in there but at least it finished with that even with that if the defendant thought he was subject to great bodily harm or death he could defend himself.
Posted on 11/15/21 at 9:59 am to Vacherie Saint
quote:
Zaminsky has legal issues and cant be relied on as a truthful witness.
In a sane world any of those bozos out rioting would fall into that category.
Posted on 11/15/21 at 10:02 am to TDTOM
quote:
I just don't see how you get 12 people to agree either way.
Maybe ask them to review the video?
Posted on 11/15/21 at 10:05 am to OccamsStubble
quote:
Maybe ask them to review the video?
I think some people are such ideologues that they won't let themselves vote not guilty
Posted on 11/15/21 at 10:07 am to RealDawg
Self Defense Instructions:
Reasonably believed risk of death or great bodily harm .
What a reasonable person would believe at time.
Must look at from position defendant was in.
No requirement to retreat.
May consider whether he could retreat.
Whether defendant provoked attack. If he did..reduces ability to use self-defense. If provocation.....can still defend but has greater standard on retreating and level of force.
Motive - Jury can basically decide. State doesn't have to prove that there was one (whether he just hated white people or pedos).
Reasonably believed risk of death or great bodily harm .
What a reasonable person would believe at time.
Must look at from position defendant was in.
No requirement to retreat.
May consider whether he could retreat.
Whether defendant provoked attack. If he did..reduces ability to use self-defense. If provocation.....can still defend but has greater standard on retreating and level of force.
Motive - Jury can basically decide. State doesn't have to prove that there was one (whether he just hated white people or pedos).
Posted on 11/15/21 at 10:07 am to tommy2tone1999
“How does it taste?”
“It varies from person to person.”
“It varies from person to person.”
Posted on 11/15/21 at 10:07 am to rt3
I just tuned in. What was count 6?
Posted on 11/15/21 at 10:09 am to Dawgirl
Possession of an illegal fire arm
Posted on 11/15/21 at 10:09 am to Dawgirl
quote:
What was count 6?
Illegally possessing a firearm
Posted on 11/15/21 at 10:10 am to TDTOM
2 things...
A) there have been 18 jurors there watching this trial from opening to closing
but here's the kicker... at the end... a lottery determines which 12 will actually decide Kyle's fate
we still don't know which 12 will do the deliberations yet
2) 5 of the jurors (or potential jurors... whatever) have worn masks the entire trial
do with that information whatever you want
A) there have been 18 jurors there watching this trial from opening to closing
but here's the kicker... at the end... a lottery determines which 12 will actually decide Kyle's fate
we still don't know which 12 will do the deliberations yet
2) 5 of the jurors (or potential jurors... whatever) have worn masks the entire trial
do with that information whatever you want
Posted on 11/15/21 at 10:10 am to TrackDawg
Is it just me or does it sound like the instructions are favorable to Kyle minus the provocation issue?
Posted on 11/15/21 at 10:11 am to rt3
Sounds like the best the prosecution can get is a hung jury.
Posted on 11/15/21 at 10:11 am to Athis
He looks like Pee Wee Herman crossed with Paul Reubens’ mugshot from the adult theater.
Posted on 11/15/21 at 10:12 am to teke184
Is a hung jury 6-6? What happens in that case? Also, is this a basic majority decision rules?
Posted on 11/15/21 at 10:13 am to TigerTatorTots
quote:
Is a hung jury 6-6? What happens in that case? Also, is this a basic majority decision rules
11-1 is a hung jury.
We aren't heathens.
Posted on 11/15/21 at 10:14 am to TigerTatorTots
Has to be unanimous, one juror can hang jury.
Posted on 11/15/21 at 10:14 am to TDTOM
quote:
Is it just me or does it sound like the instructions are favorable to Kyle minus the provocation issue?
I definitely think the instructions lean in kyles favor. The provocation instruction can be essentially neutralized in the defense's closing argument.
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