Court watchers told us that Wisconsin’s self-defense law makes it extremely hard for prosecutors to prove a defendant didn’t feel threatened by the actions of someone in the heat of the moment.
And that was at the heart of the case of Kyle Rittenhouse, an 18-year old who at age 17 took an AK-15-style rifle to a protest in Kenosha, Wis., and shot three people, killing two of them. As of athejury’s decision on Friday, Rittenhouse is, as one of his t-shirts says, “Free AF,” with U.S. Representatives Gosar and Gaetz fake-fighting over who gets to hire him as a D.C. intern.
Here is Wisconsin’s self-defense law. And here is some information on Connecticut’s. One interesting element in Connecticut’s self-defense law is this (from the link above):
Connecticut does not have a stand-your-ground law, but instead requires an individual to retreat when able to do so.
And in Wisconsin:
Wisconsin does not have a stand your ground law. The state’s case law allows juries to consider a failure to retreat when evaluating the necessity of a person’s use of force in public
So the decision still makes no sense, and even without the states’ comparison, the Rittenhouse decision “flies in the face of legal standards for self-defense,” according to the linked The Conversation article.
So what do we do now? I asked that on social media, and here are some of the suggestions that followed. I endorse some and ponder over others:
Never let a Republican run unopposed.
Protect voting rights.
End the filibuster.
Mobilize.
End gerrymandering.
Never vote for a Republican.
Leave the country.
Reform gun laws.
Enforce gun laws.
Fire Judge Bruce Schroeder.
Apply for gun permits to be free.
Create a mechanism to acknowledge and address grievances before they turn into riots.
Take to the streets.
Just say “yup” and sit with the crushing weight of that.
Codify the NRA's own safe gun storage and handling rules into law.
Tax revolt.
General strike.
Get involved in local politics.
Expand the Supreme Court.
Strike down the Second Amendment and so-called stand your ground laws.
Enter into a truth and reconciliation process that includes reparations to African Americans.
Tax billionaires in the same way everyday people pay taxes.
Pass common sense immigration and gun safety laws.
Write letters/postcards to recalcitrant politicians.
Shitcan the Electoral College.
Call for Batman. No, don’t. He’s a vigilante.
Confront white supremacy.
Feel free to add any we may have missed, and feel free to break off one or two of these and get started. Happy Monday.
I have one more thing to add to the list -- do not get out of jury duty just because you can. Serve. I have served on three jurys, and in one case, I am quite sure we saved an innocent young man of color from going to prison.
The man who obtained the rifle and gave it to Rittenhouse has been charged with two counts of "intentionally giving a dangerous weapon to a person under age 18 - Causing death." It's a Class H felony, punishable by a maximum fine of $10,000 or not more than 6 years in prison, or both. This is an example of the right law, but too many exceptions and excuses. How many times have we heard, when a child dies because a loaded gun was left where the child could find it, "The parents have suffered enough already, let's not prosecute"? A law that's not enforced serves no useful purpose.
Given that Black testified at Rittenhouse's trial, I suspect he has cut a deal to avoid punishment.
"The gun Rittenhouse used in the shootings was provided by his friend, 20-year-old Dominick Black of Racine, Wis., after Rittenhouse arrived in Kenosha, according to a criminal complaint.
"According to the complaint: Black bought the rifle for Rittenhouse in May 2020, using money from Rittenhouse, and they agreed the rifle would be stored at Black’s stepfather’s house in Kenosha. Rittenhouse, who was 17 at the time, was too young to legally buy the gun in Wisconsin.
"At Rittenhouse’s trial, Black testified that he bought the rifle for Rittenhouse and that they shot target practice together in a rural area.
"On the day of the shootings, Black testified, Black invited Rittenhouse to join him at the Kenosha protest to protect a car dealership. Before they went to the protest, Black testified that they went together to the home of Black’s stepfather to get Rittenhouse’s gun."
https://fox11digital.com/news/PDFs/Criminal-Complaint-Dominick-Black.pdf
https://www.politifact.com/factchecks/2021/nov/15/viral-image/kyle-rittenhouses-mother-did-not-bring-him-kenosha/