Judge in Rittenhouse case might be a tad biased.

Trunkage

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Dude, the Onion wish they could make this shit up.
I liked the part where the judge, AS PART OF THE TRIAL, thought CNN was too mean to Rittenhouse... and then didn't think about the news corps who pushed him to be there in the first place.

That sure makes him seem fair and balanced
 
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Mister Mumbler

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Same mechanism applies, aside from cropping the image when you zoom. Like, it's literally the same process of interpolation, because a digital zoom is at it's core just "crop, then upscale what's left to the old resolution".



Any video evidence? Police may lie to protect themselves, eyewitness testimony is notoriously unreliable, but the camera sees what it sees.



I think he's trivially guilty of the weapons charges (he's definitely a minor and was definitely in possession of a weapon at the time, and none of the exceptions fit), and that the evidence presented points towards self defense in the shootings. EDIT: Yes, I mean 948.60 as well, here.



I would assume that counts as criminal activity, but I don't think that's the relevant question. You're referring to 939.48(1m)(b)1., right? Or did I miss something?

939.48(1m)(b) states that it is exceptions to 939.48(1m)(ar). As in, 939.48(1) describes a self defense defense, 939.48(1m)(ar) is essentially the castle doctrine (the court isn't allowed to consider whether or not you could have run away if they were unlawfully in or were in the process of breaking in your home, place of business or motor vehicle) and 939.48(1m)(b) says 939.48(1m)(ar) doesn't apply in certain listed conditions, the first of which is that you were engaging in criminal activity.

So putting that all together, if this had happened in Rittenhouse's home, car, or place of business because he was carrying an illegal firearm the court would be allowed to consider whether or not he could have ran away when evaluating his self defense claim. Since it didn't happen in one of those places, they are already allowed to consider whether or not he could have fled (and camera footage shows that he tried to, and was not successful).

@CM156 I know your popular these days, but care to weigh in on my interpretation?
Yeah, you're right. I misread the law and thought that the "unrestricted self defense" proviso was the actual self defense law, not just a section of it. My mistake, though that whole law seems weird to me (it seems like, if you hear someone screaming in a house and you feel they are being attacked, you can barge into that house and shoot them, but I don't read legalese well, as should be clear by now).

My guess is the criminal activity must be activity which is infringing upon another's rights otherwise being drunk at 18 in the USA in town and being attacked by some-one with a knife and defending yourself would mean you could be charged with assault which would be plain ridiculous.

I'd imagine the law is more interpreted as "You lose the right to claim self defence if you're doing something illegal that is illegal for all not merely age restricted and is violating another's rights"
Not necessarily, at least in the example you provided. I'd imagine a lawyer worth his pay would be able to argue that your impaired judgement from being drunk could have been a contributing factor in having the knife drawn on you, or that said impairment meant that you took your defense too far (I'm assuming in this scenario that "defend yourself" means that the knife wielder is now dead).
 

Mister Mumbler

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I liked the part where the judge, AS PART OF THE TRIAL, thought CNN was too mean to Rittenhouse... and then didn't think about the news corps who pushed him to be there in the first place.

That sure makes him seem fair and balanced
My favorite bit was the "let's all stand and give a round of applause for our veterans" while the only veteran in the room happens to be a witness about to take the stand for the defense.
 

Seanchaidh

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Long story short, it's the Mythbusters thing. That episode about whether or not bullets fired up can still be lethal. It's called "Bullets Fired Up". Unless a firearm is fired at exactly a 90 degree angle from the ground, ballistics aren't affected and the bullet is still lethal because it preserves its spin and falls tip-first. The only way a bullet fired up is non-lethal, is for it to be shot at precisely a 90 degree angle, for it to lose its spin and begin tumbling, therefore slowing as it falls.
even if a bullet tumbles, it can still be lethal (albeit with far less kinetic energy than a direct shot).

anyway, that explanation sounds very... simplified to the point of being silly.

Speaking of the Onion:

 
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Dwarvenhobble

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No, it cannot. "Everyone" is not on trial, Kyle Rittenhouse is. And if that charge stood, the burden of proof was on the defense to justify Rittenhouse's presence in violation of lawful order, and thereby committing a criminal offense that could nullify his claim to self-defense. That charge was as cut-and-dried as any could have been, and Schroeder's dismissal of it on grounds of insufficient evidence is probably the biggest instance of legal malpractice in this entire clown show to date.
It's a private lot.
He was allowed to be there by the owner.
The order was people couldn't be out in public which would be defined as public spaces or locations not privately owned properties.
Done.

Note: There is precedent for this as some areas see Apple own part of what was public space round their buildings and are apply to not abide by the same rules and laws.

Not necessarily, at least in the example you provided. I'd imagine a lawyer worth his pay would be able to argue that your impaired judgement from being drunk could have been a contributing factor in having the knife drawn on you, or that said impairment meant that you took your defense too far (I'm assuming in this scenario that "defend yourself" means that the knife wielder is now dead).
That would only work in regards to trying to have the knife attackers charge reduced from Assault to aggravated assault. It doesn't mean you can't defend yourself or that said attacker is justified to escalate things to physical violence if the attacker survived. Even under the idea of "reasonable and proportional force" if some-one is coming for you with a knife that's intent to kill so equal response is willingness to kill to prevent it.
 

Eacaraxe

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It's a private lot.
He was allowed to be there by the owner.
The order was people couldn't be out in public which would be defined as public spaces or locations not privately owned properties.
You mean...let me check my notes here...

The open, unsecured, curtilage-lacking outdoors lot of a business without clear public/private boundaries, which the general public can access on and off business hours, on which there is not even reasonable expectation of privacy due to aforementioned openness and lack of curtilage? That one?

The one it turns out that no, in fact, Rittenhouse had not been invited to (something entered into evidence by testimony last week)? I mean, even had the shooting happened on that lot in the first place?

The one the cops dispersed Rittenhouse and the other gun-toting whackos from once and barred him from reentry?

And, let me check my notes again...

The later confrontation, which took place in the middle of a city street.

Those?

I mean, the "city street" part of it all rather speaks for itself. Other than that, even had the shooting occurred on the lot Rittenhouse claimed he was invited to (it didn't), the owner of that lot disputes that claim and testified Rittenhouse nor anyone else had been invited. Even then, Rittenhouse had been given a lawful order to disperse and not return to the lot he was never invited to by the cops, which he willfully disregarded. Even then, the shooting still occurred in a location that is the very definition of a public space, because ownership in the definition of a public space is less material than boundary demarcation and access.

You do get points simply for how spectacularly wrong you got every single facet of your argument, down to the minutest detail, though. The only thing sparing Rittenhouse from a criminal trespass charge and therefore nullifying his self-defense claim was...the car lot, by merit of being open to the public at all hours and lacking any form of curtilage, was a public space.
 
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Dwarvenhobble

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You mean...let me check my notes here...

The open, unsecured, curtilage-lacking outdoors lot of a business without clear public/private boundaries, which the general public can access on and off business hours, on which there is not even reasonable expectation of privacy due to aforementioned openness and lack of curtilage? That one?

The one it turns out that no, in fact, Rittenhouse had not been invited to (something entered into evidence by testimony last week)? I mean, even had the shooting happened on that lot in the first place?

The one the cops dispersed Rittenhouse and the other gun-toting whackos from once and barred him from reentry?

And, let me check my notes again...

The later confrontation, which took place in the middle of a city street.

Those?

I mean, the "city street" part of it all rather speaks for itself. Other than that, even had the shooting occurred on the lot Rittenhouse claimed he was invited to (it didn't), the owner of that lot disputes that claim and testified Rittenhouse nor anyone else had been invited. Even then, Rittenhouse had been given a lawful order to disperse and not return to the lot he was never invited to by the cops, which he willfully disregarded. Even then, the shooting still occurred in a location that is the very definition of a public space, because ownership in the definition of a public space is less material than boundary demarcation and access.

You do get points simply for how spectacularly wrong you got every single facet of your argument, down to the minutest detail, though. The only thing sparing Rittenhouse from a criminal trespass charge and therefore nullifying his self-defense claim was...the car lot, by merit of being open to the public at all hours and lacking any form of curtilage, was a public space.
The lot has 2 owners. So maybe try asking the other owner because just because 1 said he didn't ok it the other may well have done. Also reports out there suggest Kyle and co were infact not dispersed by police by spoken with by them and praised with them even giving some of them bottles of water.

Also Public vs private in law can be very different to the idea of public vs private when walking about. Again Apple stores who own areas round their store.
 

Casual Shinji

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So I'm guessing once Rittenhouse walks there'll be a bunch of proud boys waiting outside congratulating him with open arms, like it's that scene from Goodfellas.
 

Eacaraxe

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Why didn't the defense do this?
...because the lot exterior is a public space, and therefore whether Rittenhouse had permission to be there is immaterial to the case except for establishing background and a timeline of events. The only way it would have been material to the case, is if Rittenhouse was facing a criminal trespass charge rather than a curfew violation charge. Otherwise, and likely regardless, had the evidence existed, defense almost certainly would have been able to produce call, text, email, or online interaction records to corroborate Nicholas Smith's questionable and contradictory testimony about having been invited to defend the lot -- particularly as Smith's story has changed several times over in the past year, and that he is a conflicted witness.
 
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CM156

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Another example of why this case pisses me off.



I hope that even the communists on our forums are able to recognize that none of this shit has anything to do with fascism.
Fascists are well known for their belief in due process of law.
 
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Eacaraxe

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I hope that even the communists on our forums are able to recognize that none of this shit has anything to do with fascism.
Nine out of ten of the idiots who say shit like that are just parroting whatever neoliberal fashionable nonsense they heard the evening before on MSNBC, Breadtube, or social media. The tenth is the idiot saying that shit on MSNBC, Breadtube, or social media for cash and prizes. They're the types who gleefully ignore twelve of the fourteen "early warning signs of fascism" and obsess over the two about identity, while cheering on people who personify the twelve they've ignored.

And when that's pointed out to them, their first, last, and only word on the subject is to call their critics fascist in turn.
 

Schadrach

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So I'm guessing once Rittenhouse walks there'll be a bunch of proud boys waiting outside congratulating him with open arms, like it's that scene from Goodfellas.
If he isn't found guilty of at least one shooting in addition to the weapons charge, there will be riots. This is true regardless of the evidence presented in the case, because to the people who will be rioting it's not about whether or not self defense applies in the events that transpired that night. It's not about whether or not by the law he should be punished.

Another example of why this case pisses me off.



I hope that even the communists on our forums are able to recognize that none of this shit has anything to do with fascism.
Look at that list - 1 is the defense strategy, which they've done a fairly good job at demonstrating, 3 applies to literally everyone and 7 is the only thing that should matter.
 

Dreiko

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Another example of why this case pisses me off.



I hope that even the communists on our forums are able to recognize that none of this shit has anything to do with fascism.
A lot of this doesn't even make sense. Like if you're not looking at the facts to decide that this kid needs to go to jail what did you look at to come to that conclusion? Is that just pure tribalism and because your tribe decided anything done for BLM is alright no matter what that the facts cease to matter? And how is such a stance not fascist exactly?
 

Dreiko

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Nine out of ten of the idiots who say shit like that are just parroting whatever neoliberal fashionable nonsense they heard the evening before on MSNBC, Breadtube, or social media. The tenth is the idiot saying that shit on MSNBC, Breadtube, or social media for cash and prizes. They're the types who gleefully ignore twelve of the fourteen "early warning signs of fascism" and obsess over the two about identity, while cheering on people who personify the twelve they've ignored.

And when that's pointed out to them, their first, last, and only word on the subject is to call their critics fascist in turn.
Like...why aren't they fascists though? The right wing does the exact same, you just swap msnbc for fox news and breadtube for like...Ben Shapiro or something. And they get called fascists.