So, in a trial, the jury decides if a person is guilty of violating the law. But who decides if that specific law even applies to an individual? The judge?
The prosecutor
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So, in a trial, the jury decides if a person is guilty of violating the law. But who decides if that specific law even applies to an individual? The judge?
So, in a trial, the jury decides if a person is guilty of violating the law. But who decides if that specific law even applies to an individual? The judge?
I don’t see the logic in this. Please explain which law you believe he broke?I said that he probably should according to the law and the likelihood of conviction on various charges, not that he should as a matter of me thinking he should go to jail.
Rittenhouse was neither
It sounds like he was in possession of a firearm illegally, which compromises, it seems, his right to self defense under 939.48 1mB1 of the Wisconsin code. If I am incorrect in this, then I am incorrect and am happy to eat that.Citations please
See above. I am also undecided on whether deadly force was justified in shooting #1.I don’t see the logic in this. Please explain which law you believe he broke?
I have not kept tabs on any of this. Nor do I want to be in the middle of any arguments. That said the only thing he could be found guilty of (in my opinion) is having a minor in possession of a rifle or whatever the relevant charges are for that in the situation (based on age or whatnot).I don’t see the logic in this. Please explain which law you believe he broke?
He was retained to guard a business, from what I recall. Probably that is why you said only within a home, and not, as the statute reads, within a home or place of business.That's not the way that statute reads. The subsection you are referencing is only applicable to WI's codification of the castle doctrine in the "ar" subsection of the statute about the duty to retreat within a home.
Need a lot more people like Kyle! Good is bad and bad is good under these evil fucking corrupt democrats!That seems to be the central theme of this thread and everyone is dialing in on little pieces of it IMO. If it were truly a matter of law as in the Constitution-he walks on all counts.
If it is a matter of locality-he is in trouble. If this all occurred in Bent Elbow, GA or Crooked Knee, TN - it is a non-issue. No charges sought. Because of that pesky Constitution the Communists hate.
But if it occurs in/around a Democratic city, well, now you have Soros funded Commie prosecutors in play. And judges. And the evil sheep they surround themselves with.
Equality under Law is something the Commies cannot abide building their alleged Commie Utopia. So, they try to scare the normal folks into compliance by shit like this. And the McCloskeys, and persecuting political rivals like Jan 6, and so on.
I cannot tell that kid what to do here-but if it were me, or my kid-this shit has got to go to the Supreme's as needed based upon verdict. This kid needs funding.
Ultimately it is a matter of preserving our right and liberties against tyranny. They are trying to tear down our basic fabric of a society built upon that Constitution.
They simply will fail-one way or the other IMO.
So-we can sit here and split hairs, but if you read the Constitution-kid is free as a bird to pack a weapon, free to smoke bad guys perpetrating harm and violence, and this 17 year old stuff?... Uncle Sugar ISSUED me one at 17-so yeah, fuck WI and their un-Constitutional laws.
All just an opinion.
I know, I made a really shitty argument and I don't want to own up to it, but I do. It isn't that I am missing the main point, I am trying to evade it.You're still missing the main point.
It would not preclude the use of self-defense as an affirmitive defense.
Depending on the fact determinations by the finders of fact, it could potentially affect whether the judge gives jury instructions that the jury should consider whether there was an opportunity to retreat or not.
Need a lot more people like Kyle! Good is bad and bad is good under these evil fucking corrupt democrats!
Being in possession of the gun illegally, which we aren’t even sure is illegal in and of itself, does not negate a persons right to self defense. Even if it is illegal, and let’s say he used a knife instead, does him having the gun illegally, negate his right to protect himself?It sounds like he was in possession of a firearm illegally, which compromises, it seems, his right to self defense under 939.48 1mB1 of the Wisconsin code. If I am incorrect in this, then I am incorrect and am happy to eat that.
See above. I am also undecided on whether deadly force was justified in shooting #1.
My main point, however, was that this was a tragedy that occurred because government officials, who were so invested in a Presidential election, were in dereliction of duty to the point that 17 year olds felt the need to be defending a community that was not even theirs. That is the main takeaway. If I am wrong on the law, I am wrong on the law.
please see post #113. I already give up.Being in possession of the gun illegally, which we aren’t even sure is illegal in and of itself, does not negate a persons right to self defense. Even if it is illegal, and let’s say he used a knife instead, does him having the gun illegally, negate his right to protect himself?
Also his attacker has zero way to know if he was 1 year older or not and legally allowed to have that rifle.
what was rittenhouse suppose to do? Let the arsonists attack him?
everything that he may be guilty of he would get off of on time served.
Was someone’s opinion changed on the Internet today?! This might be historicplease see post #113. I already give up.
The Constitution is like the anti - Spanish Inquisition...Was someone’s opinion changed on the Internet today?! This might be historic
948.60(3)(c) declares that 948.60 doesn't apply to minors carrying rifles or shotguns that are not SBRs or short barreled shotguns.Kyle was not alone that night.
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This seems to have part of the police report on the incident.
View attachment 7729106
minor in possession of a firearm is a misdemeanor 9 months max. He already had time served.
If in violation of... what do 942.28, 29.304 and 29.593 say.948.60(3)(c) declares that 948.60 doesn't apply to minors carrying rifles or shotguns that are not SBRs or short barreled shotguns.
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593.
He is not charged with 948.60(3)(c)948.60(3)(c) declares that 948.60 doesn't apply to minors carrying rifles or shotguns that are not SBRs or short barreled shotguns.
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593.
The "section" he's charged with is 948.60. part 1 defines terms, part 2 lays out what is a violation, and part 3 clarifies who the section applies to. You cant separate part 1 or 2 from part 3He is not charged with 948.60(3)(c)
View attachment 7729157
View attachment 7729158
And the 939 just classifies the punishment.
The totality of the circumstances, a full blown Aunt Tiffa riot, render that statute moot.The "section" he's charged with is 948.60. part 1 defines terms, part 2 lays out what is a violation, and part 3 clarifies who the section applies to. You cant separate part 1 or 2 from part 3
Perhaps you should look at what I am saying. I’m not blaming him at all and not asking you to buy anything. That is something that’s been established in many self defense cases. Remember, the prosecution only needs one person to hang a jury too. This one won’t stop with a hung jury, it will be tried over and over.That's akin to blaming a woman for getting raped while walking home from a party.
1. She was "looking for trouble" when she attended a party with alcohol consumption.
2. Party was near a known date rape frat house.
3. She knew she would have to walk past this frat house.
4. She should have just stayed home.
I'm not buying your argument and I doubt the prosecution would be able to convince anyone of this.
This would normally be handled in pre-trial motions.So, in a trial, the jury decides if a person is guilty of violating the law. But who decides if that specific law even applies to an individual? The judge?
The way I understand it being charged with 948.60(2)(a) which he is being charged with. Is not the same as 948.60(3)(c).The "section" he's charged with is 948.60. part 1 defines terms, part 2 lays out what is a violation, and part 3 clarifies who the section applies to. You cant separate part 1 or 2 from part 3
I see. You threw me off when you mentioned crossing State lines in violation of a law that doesn't exist. Can you fill me in on the State firearm possession law that he violated?Did this happen in DC???
he was in a STATE that doesn't allow anyone under 18 to purchase a firearm, And they only may possess a firearm under special circumstances like hunting or taking a training course etc.
oh please please do it. haha. come to kansas and try to fuck us up. pretty please
White or jewish depends on the circumstance. Basically they can be either, depending on which is more beneficial at that time.aren't 2 of the 3 jewish? liberals don't lump jewish folks into the "white" group that they hate and are trying to destroy.
Historically, the grand jury decides. I'm not sure what Wisconsin does.So, in a trial, the jury decides if a person is guilty of violating the law. But who decides if that specific law even applies to an individual? The judge?
The totality of the circumstances, a full blown Aunt Tiffa riot, render that statute moot.
Hold on! Let me walk outside and see if my hair stands up!Is this threat legit?
It's conditional.... So, not likely to be taken seriously by a prosecutor. Not in my experience, anyhow.Is this threat legit?
Just a public service message: For your blood pressure and the blood pressure of others, please do not feed the trolls.WWCD
What Would Choid Do
Okay back on ignore you go
So the teams have been chosen……Beta Fuck Bois vs MealTeam6.
It happened in Kenosha, and the combatants were white…so no.At this point, can't the dead scum just be considered mutual combatants and we call it a day?
Jury Trial starts Nov1. Recent events were just setting the ground rules.Is there any video highlights of the trial?
Glad to know I am some sort of Jesus figure in your mind. It's a lot to live up to, but I will do my best.WWCD
What Would Choid Do
Okay back on ignore you go
Glad to know I am some sort of Jesus figure in your mind. It's a lot to live up to, but I will do my best.
The judge can also nullify the jury’s verdict using judicial prejudice and insert his own verdict……The jurors can as well, by using jury nullification.