4 ms·

> My opinion is that he had a gun he shouldn't have had, was in a place he shouldn't have been, causing trouble he shouldn't have been involved in, and killed t

> My opinion is that he had a gun he shouldn't have had, was in a place he shouldn't have been, causing trouble he shouldn't have been involved in, and killed two people who shouldn't have died. As it turns out, none of that is illegal. Well put, I disagree only with your last sentence, unless cynical. I think prosecution made a mistake going after intentional homicide charges. All resources and focus should have been on a successful felony gun conviction. Only then should the prosecutor turned to felony murder charges. Even with the jury's finding, the judge should have partially overturned the jury's finding, and found guilty on lesser but included charges to ensure at least a few years of incarceration.

esyir 5y ago
So, that's illegal, for one thing. Judges can overrule the jury in a civil case, and only if they determine that "no reasonable jury could have reached the given verdict". However, that's null here, as this is a Criminal case. The judge should not, and thankfully cannot overrule the jury here, as that's a violation of the accused's 5th amendment rights. I'd also have to ask. The jury, with more exposure to the evidence than anyone else here found him not guilty. What exceptional case/point would you make to say that would show Rittenhouse's guilt "beyond a reasonable doubt". Furthermore, the maximal, and I mean maximal, punishment for the misdemeanor is 9 months, far less than the few years you suggest.
d1sxeyes 5y ago
I don't think that judges should be allowed to overrule juries. You can see how many individual opinions there are in this thread - do you think any one of us in isolation should be allowed to make that decision? The intentional homicide charge was the right thing for the state to do, but I also think it was right he was found not guilty. Based on the law as it's written, I don't think there's anything that Rittenhouse could actually have been charged with that he could have been found guilty of (except possibly the dismissed curfew violation charge). I just can't reconcile that with the fact that a kid took a gun to a protest and killed two people, which I think almost everyone would agree is not a good outcome for society (although I know there have been discussions about the value of human life around Rosenbaum particularly).

esyir 5y ago

So, that's illegal, for one thing. Judges can overrule the jury in a civil case, and only if they determine that "no reasonable jury could have reached the given verdict". However, that's null here, as this is a Criminal case. The judge should not, and thankfully cannot overrule the jury here, as that's a violation of the accused's 5th amendment rights. I'd also have to ask. The jury, with more exposure to the evidence than anyone else here found him not guilty. What exceptional case/point would you make to say that would show Rittenhouse's guilt "beyond a reasonable doubt". Furthermore, the maximal, and I mean maximal, punishment for the misdemeanor is 9 months, far less than the few years you suggest.

d1sxeyes 5y ago

I don't think that judges should be allowed to overrule juries. You can see how many individual opinions there are in this thread - do you think any one of us in isolation should be allowed to make that decision? The intentional homicide charge was the right thing for the state to do, but I also think it was right he was found not guilty. Based on the law as it's written, I don't think there's anything that Rittenhouse could actually have been charged with that he could have been found guilty of (except possibly the dismissed curfew violation charge). I just can't reconcile that with the fact that a kid took a gun to a protest and killed two people, which I think almost everyone would agree is not a good outcome for society (although I know there have been discussions about the value of human life around Rosenbaum particularly).