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re: Looking at young Rittenhouse from another Angle

Posted on 8/26/20 at 4:46 pm to
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
95494 posts
Posted on 8/26/20 at 4:46 pm to
quote:

If young Rittenhouse used that sort of "implied" deadly force to defend the car lot


Is "being armed" implied deadly force? You are a lawyer, right?

Of the two, carrying a rifle or carrying a Molotov cocktail, which of those, in a public place implies more ill intent to you. I know you're going to equivocate and play the "property" versus "personal" thing, but honestly, there is no recourse under what I presume will be your analysis.

quote:

There is no doubt in my mind that he was ACTUALLY defending himself.


Thank you.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 4:52 pm to
quote:

Is "being armed" implied deadly force?
Of course not. I have said that probably a dozen times, so I am assuming that you've not read the thread.
quote:

Of the two, carrying a rifle or carrying a Molotov cocktail, which of those, in a public place implies more ill intent to you. I know you're going to equivocate and play the "property" versus "personal" thing, but honestly, there is no recourse under what I presume will be your analysis.
Well, you are correct. A Molotov is more for burning/destroying property, and a firearm is more for shooting another person. What is your point?
quote:

quote:

There is no doubt in my mind that he was ACTUALLY defending himself.
Thank you.
OK. You're welcome. But I don't understand what you are thanking me for. I have said from the first (and all day) that this was the case. This thread was intended t examine a LEGAL point.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
95494 posts
Posted on 8/26/20 at 4:53 pm to
quote:

Well, you are correct. A Molotov is more for burning/destroying property, and a firearm is more for shooting another person. What is your point?


Which is easier to use in self-defense?

Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 8/26/20 at 4:54 pm to
Legally, you probably realize it’s going to be just about impossible to prove beyond reasonable doubt he wasn’t defending himself and was defending property when you’ve stated you have no doubt he was defending himself.

This entire exercise of yours is pointless mental masturbation, except there is no finish.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 4:55 pm to
quote:

NC_Tigah
You inspired me to go back and look at several of the videos.

We have long-known that headshot guy and "Shoot me ****" guy are one and the same, but in reviewing the "Shoot me ****" video I noticed that skateboard buy was right there beside him in most of that video.

Now I am looking for kung-fu kick guy and amputated arm guy at the "Shoot me ****" show. I haven't spotted them yet.
Posted by More&Les
Member since Nov 2012
14684 posts
Posted on 8/26/20 at 4:56 pm to
quote:


We could argue whether that second confrontation was a distinct one (making your question relevant) or a continuation (making it irrelevant).


The molotov guy that was chasing him?

I honestly dgaf what you think he was doing, he was fleeing several armed attackers and was in fact struck multiple times prior to popping of a few WELL placed rounds.

This is constitutionally protected self defense all the live long day.

Sorry your Antifa bitches ran up on the wrong teenager but someone taught that boy how to handle himself
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 4:59 pm to
quote:

Which is easier to use in self-defense?
Gotcha now. You said
quote:

which of those, in a public place implies more ill intent to you
I read that as "which ... implies more ill intent TOWARD you," whereas you apparently intended it to mean "which ... (to you) implies more ill intent ... in a general sense."

Reading it the latter way, I now understand your point.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 5:01 pm to
quote:

it’s going to be just about impossible to prove beyond reasonable doubt he wasn’t defending himself
but that is not the burden of the prosecutor. The prosecutor only has to prove that he killed someone, which will not be very difficult. The DEFENDANT has the burden of proving the elements of his affirmative defense.
Posted by Auburn1968
NYC
Member since Mar 2019
26378 posts
Posted on 8/26/20 at 5:02 pm to
quote:

Well those two shouldn't have been out there either


Hey! What could be wrong with out of state rioters looting, rioting and burning down businesses in a dem run town?
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 5:04 pm to
quote:

constitutionally protected self defense
Where do you see this "right?"

The Constitution protects your right to own/bear a firearm. State law determines when you get to use it (self-defense, etc). As just one example, this is the reason that self-defense laws vary so much from one jurisdiction to the next.
Posted by pbro62
Baton Rouge
Member since May 2016
15297 posts
Posted on 8/26/20 at 5:06 pm to
You are literally a dumb frick with no credibility. I wish I could meet you in person to deliver proper justice to your ignorance. That's all.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 5:08 pm to
quote:

pbro62
Posted by boomtown143
Member since May 2019
9407 posts
Posted on 8/26/20 at 5:09 pm to
It's a FACT, not opinion, that you are a POS
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 8/26/20 at 5:11 pm to
quote:

Where do you see this "right?"


Wouldn't it fall under the right to life, liberty and the pursuit of happiness?
Posted by OnwardToMAyhem
Member since Feb 2019
320 posts
Posted on 8/26/20 at 5:12 pm to
This is not my area of expertise, but the fact that he was not allowed to carry that weapon (commiting a crime when the shooting happened) and crossed a state line to do so would effect the charges.

A shooting while committing a crime is definitely gonna take some self defense charges off the table, even if it was.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 5:13 pm to
quote:

Wouldn't it fall under the right to life, liberty and the pursuit of happiness?
You may be confusing two different founding documents there.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 8/26/20 at 5:13 pm to
quote:

You may be confusing two different founding documents there.



You say that like it's surprising or something.

And yes, yes I am indeed. Brain fart.
This post was edited on 8/26/20 at 5:18 pm
Posted by pankReb
Defending National Champs Fan
Member since Mar 2009
73007 posts
Posted on 8/26/20 at 5:14 pm to
Pretty sure the law states he can carry as a 17 year old as long as he’s under adult supervision. Which he was...until he got separated and attacked.

The question is how did he become separated and what happened in the meantime.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/26/20 at 5:16 pm to
quote:

This is not my area of expertise, but the fact that he was not allowed to carry that weapon (commiting a crime when the shooting happened) and crossed a state line to do so would effect the charges
Are you thinking about the felony-murder rule? If so, it does not apply for a number of reasons ... not least the fact that the weapon violation is only a misdemeanor.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 8/26/20 at 5:16 pm to
It’s a strange scenario. Do you charge a 10 year old who went and grabbed his dads gun and shoots a home intruder when he’s home alone?

By letter of Wisconsin law, he is in violation.

If you don’t charge the 11 year old in that situation, what is materially different in this scenario?

Does crossing state lines make this worse? What if he was in the vehicle with his parents or a supervising adult with the weapon? The gun wasn’t in his possession when it crossed state lines.

Lots of questions
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