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Rittenhouse self defense

Posted on 8/28/20 at 11:32 pm
Posted by cajunbama
Metairie
Member since Jan 2007
30949 posts
Posted on 8/28/20 at 11:32 pm
I have seen many FB legal scholars repeatedly say that in Wisconsin it can’t be self defense if it was during the commission of another crime. I’m sure this can’t be true 100% of the time, depending on an infinite number of factors.

Can anyone elaborate on this?

This post was edited on 8/29/20 at 12:08 am
Posted by Ted2010
Member since Oct 2010
38958 posts
Posted on 8/28/20 at 11:34 pm to
Since he was not in commission of a crime that wouldnt apply to him.
This post was edited on 8/28/20 at 11:34 pm
Posted by RobNation
Dallas, TX
Member since Sep 2011
889 posts
Posted on 8/28/20 at 11:34 pm to
People with law degrees from FB are never wrong.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36748 posts
Posted on 8/28/20 at 11:34 pm to
Well is it self defense if you rob a bank police shoot first and you shoot the police?
Posted by Barstools
Atlanta
Member since Jan 2016
9407 posts
Posted on 8/28/20 at 11:35 pm to
If they're going to play that card, I feel like he's gotta be charged as a minor.

Saying you cannot defend yourself with a gun because you're a child and at the same time saying you're going to be charged as an adult is fricked up.

Not sure that really changes much because even as a minor, double homicide is probably life in prison anyway.
Posted by CAD703X
Liberty Island
Member since Jul 2008
77940 posts
Posted on 8/28/20 at 11:36 pm to
quote:

Well is it self defense if you rob a bank police shoot first and you shoot the police?

wtf are you blabbering on about
Posted by omegaman66
greenwell springs
Member since Oct 2007
22770 posts
Posted on 8/28/20 at 11:36 pm to
Law doesn't matter. A jury decides.
Posted by Plx1776
Member since Oct 2017
16157 posts
Posted on 8/28/20 at 11:39 pm to
I've seen some fb legal scholars claim that based solely on the fake Steele dossier... trump should be imprisoned for life.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36748 posts
Posted on 8/28/20 at 11:39 pm to
In Wisconsin law there are exceptions to self defense claims. If Rittenhouse was commiting crime with his weapon he would be potentially commiting a crime of brandishing a firearm and not have the protection of self defense. I assume the DA will argue that side of it.

he shouldn't have been out there with a rifle it was against the law. Don't break the laws of you don't want to go to jail.
Posted by Plx1776
Member since Oct 2017
16157 posts
Posted on 8/28/20 at 11:40 pm to
In that situation... is kyle the police... or are the violent rapists who were violently attacking innocents..the police?
Posted by cajunbama
Metairie
Member since Jan 2007
30949 posts
Posted on 8/28/20 at 11:40 pm to
I hear ya and I agree with you Ted, but they are using the misdemeanor charge of a minor open carrying as a crime that wouldn’t allow self defense.
Posted by roadGator
Member since Feb 2009
139776 posts
Posted on 8/28/20 at 11:42 pm to
A sane jury won’t allow that. I know that’s asking a lot today.
Posted by Tridentds
Sugar Land
Member since Aug 2011
20338 posts
Posted on 8/28/20 at 11:42 pm to
Is running from a crowd and being chased and knocked down from behind committing a crime?

Welp... there you go.
Posted by Plx1776
Member since Oct 2017
16157 posts
Posted on 8/28/20 at 11:43 pm to
Also.. if I'm in the process of littering or jaywalking, and a violent mob starts chasing me down to kill me.. do I forgo my right to defend myself because I was littering or jaywalking?
Posted by boosiebadazz
Member since Feb 2008
80158 posts
Posted on 8/28/20 at 11:44 pm to
Most states have a version of the aggressor doctrine.

I don’t know enough of these facts to say much more but from what I’ve gathered here and twitter videos, it will likely come into play depending on the first shooting he was involved in.
This post was edited on 8/28/20 at 11:44 pm
Posted by Blizzard of Chizz
Member since Apr 2012
18965 posts
Posted on 8/28/20 at 11:44 pm to
Let’s look at it this way. If you go by the strict letter of the law, a 10 year old kid can’t posses a firearm under any circumstances. Now let’s says an intruder breaks into the home and the kid gets his dads gun and kills the perp. So if a kid can’t be in possession of a fire arm, is self defense off the table because technically his possession of the weapon was a crime??? Absolutely not, that’s absurd..

you have a legal right to defend yourself, period. Furthermore, the kid fled from the first attacker and was pursued until he was cornered. Once cornered, he used deadly force. This wasn’t an instance where 2 people are talking shite and a gun gets pulled. He fled and was pursued and was forced to use deadly force. Secondly, the other shooting. Again you have clear video evidence of the defendant being attacked by multiple people. One guy tried to stomp him, another attacks him with a skate board and a third pulls a pistol on him, all within seconds of each other. So while he technically may have been breaking the law in possessing a weapon, he was within his legal rights to defend himself with deadly force.. there will be zero convictions for murder of any sort, period. I also doubt they jury will convict him on possession under 18 because possessing the weapon is literally what saved this kids life from multiple attackers.
This post was edited on 8/28/20 at 11:48 pm
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36748 posts
Posted on 8/28/20 at 11:45 pm to
quote:

Also.. if I'm in the process of littering or jaywalking, and a violent mob starts chasing me down to kill me.. do I forgo my right to defend myself because I was littering or jaywalking?
valid question. I'm far from a legal scholar but I'm sure they'll be arguing over several paragraphs of that law as the AD may also say that he forfeited that right by instigating and brandishing weapon.


It's gonna be messy and not clear cut. This is a really sad situation for everyone involved
Posted by Wolfhound45
Hanging with Chicken in Lurkistan
Member since Nov 2009
120000 posts
Posted on 8/28/20 at 11:47 pm to
quote:

instigating and brandishing weapon
He wasn’t instigating and he wasn’t brandishing. Literally existing is enough to send an Anarchist into a rage.

Stop being a dumbass.
Posted by meansonny
ATL
Member since Sep 2012
25538 posts
Posted on 8/28/20 at 11:48 pm to
Is he breaking the law by having the weapon?

He didnt cross state lines with it.

And rifle/shotgun carry laws are less strict then pistol.

Kids go hunting and shooting all the time. And legally, too. The laws vary on the type of weapon.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36748 posts
Posted on 8/28/20 at 11:49 pm to
I was just making potential arguments you guys sure have your panties in a bunch about this.

Perhaps he will learn a valuable lesson from our legal system and realize how shitty it treats the poor and stupid as he gets to enjoy it up close and personal.
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