Self Defense as Defense in Court

[FoxtArt]

Time and time again... It only matters what you can convince a jury of. A man that strangled 34 hookers can argue self defense if he wants. Doesn't mean a jury will believe it. That it...all it boils down to.

[eddiememphis]

Time and time again... It only matters what you can convince a jury of.

Four months ago, FoxArt called it correctly.

I don't see this as some deep rooted conspiracy, it seems to be a case of charging the suspect with the wrong crime.

Just as with Kenosha, had the DA pursued manslaughter, the defendants would likely be jailed for years.

[hollohas]

Four months ago, FoxArt called it correctly.

I don't see this as some deep rooted conspiracy, it seems to be a case of charging the suspect with the wrong crime.

Just as with Kenosha, had the DA pursued manslaughter, the defendants would likely be jailed for years.

What jury? It never went to trial. The DA didn't charge him with the wrong crime, the DA isn't charging him AT ALL.

[eddiememphis]

What jury? It never went to trial. The DA didn't charge him with the wrong crime, the DA isn't charging him AT ALL.

He was formally charged with 2nd degree murder in October of 2020. The DA dropped the cases because, "We are not able to prove guilt beyond a reasonable doubt."

My point is the burden of proof the State must provide in order to get a conviction is likely less for manslaughter than 2nd degree murder, although if the claim of self defense is enough to dismiss the high charge, it likely would be in the lesser as well.

Which goes to my original post. Would the jury finding Rittenhouse not guilty due to self defense have an effect on this case? It looks to that it may have. The Denver DA looked at the outcome of that trial and may have concluded that this would turn out the same.

That seems much more likely than a backroom conspiracy where they gathered and someone said, "He was working for the news, which is promoting a leftist agenda. Let's let him go, he did the right thing killing that racist, Trump loving hate monger."

[.455_Hunter]

He was formally charged with 2nd degree murder in October of 2020. The DA dropped the cases because, "We are not able to prove guilt beyond a reasonable doubt."

My point is the burden of proof the State must provide in order to get a conviction is likely less for manslaughter than 2nd degree murder, although if the claim of self defense is enough to dismiss the high charge, it likely would be in the lesser as well.

Which goes to my original post. Would the jury finding Rittenhouse not guilty due to self defense have an effect on this case? It looks to that it may have. The Denver DA looked at the outcome of that trial and may have concluded that this would turn out the same.

That seems much more likely than a backroom conspiracy where they gathered and someone said, "He was working for the news, which is promoting a leftist agenda. Let's let him go, he did the right thing killing that racist, Trump loving hate monger."

So you don't think "Unlicensed Fox News security guard kills local community activist at BLM protest" wouldn't have gotten more prosecutorial dedication?

[eddiememphis]

So you don't think "Unlicensed Fox News security guard kills local community activist at BLM protest" wouldn't have gotten move prosecutorial dedication?

That's two different factors.

Had you asked if he was working for Fox and killed the same guy, I'd say it is less of a factor than a lot of people want to believe it was.

If he was still working for 9 and killed a community activist on the BLM or antifa side, I do think there would have been pressure or motivation to convict.

However, lack of proof by the state to go to trial would still be lack of proof.

Many people are outraged and would love to find a conspiracy at work. I'd like to see the fool in jail- he killed a guy, unjustly in my view. But so did Rittenhouse and he is held up as a 2nd amendment/self defense hero.

While I don't like the outcome or especially the way the DA's office did it, it is the burden of the state to prove charges beyond reasonable doubt. If they can't do that, they shouldn't.

[Aloha_Shooter]

He was formally charged with 2nd degree murder in October of 2020. The DA dropped the cases because, "We are not able to prove guilt beyond a reasonable doubt."

My point is the burden of proof the State must provide in order to get a conviction is likely less for manslaughter than 2nd degree murder, although if the claim of self defense is enough to dismiss the high charge, it likely would be in the lesser as well.

Which goes to my original post. Would the jury finding Rittenhouse not guilty due to self defense have an effect on this case? It looks to that it may have. The Denver DA looked at the outcome of that trial and may have concluded that this would turn out the same.

That seems much more likely than a backroom conspiracy where they gathered and someone said, "He was working for the news, which is promoting a leftist agenda. Let's let him go, he did the right thing killing that racist, Trump loving hate monger."

I don't think so. This DA would have prosecuted Rittenhouse to fullest extent. IMO, she dropped the case because she never wanted to prosecute the guy anyway. He only shot a deplorable anyway, she probably would have preferred to give him an award.