Rittenhouse Verdict

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The Fifth Amendment to the U.S. Constitution provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." It's a relatively straightforward concept: The government can't prosecute someone more than once for the same crime.
Yeah, but that doesn't apply if there is a slightly different federal charge. I'm pretty sure there aren't any federal murder or reckless endangerment laws that would apply to this case -- but if there were, he could be charged federally.

But again, I don't believe there are any federal laws that apply.
 
Aren't the officers in Missouri facing Federal charges for crimes they've already been convicted of?

They are law enforcement. Law enforcement can be tried under "color of law" civil rights charges that civilians cannot be tried under. For the law enforcement, the charges have different elements of a typical crime. It is a gray area in "double charging", and even when it happens, the feds must REALLY get buy in pretty much from the top of DOJ if they want to "retry" a previously not guilty case. What tends to happen is that normally the feds and locals agree on who will try the case and why, and unless something really incompetent or unexpected happens locally, it's not retried...
 
The Fifth Amendment to the U.S. Constitution provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." It's a relatively straightforward concept: The government can't prosecute someone more than once for the same crime.
That only means the state can't charge him again. He could be charged federally if they wanted to. But I think only the gun charge would be a federal case. Him shooting the men isn't a federal crime as they weren't federal judges (as an example) and it didnt occur on federal land.
 

Aren't the officers in Missouri facing Federal charges for crimes they've already been convicted of?
If its the case I'm thinking of, the federal charges are a civil rights violation, because they were law enforcement officers. Those wouldn't apply to private citizens
 
My opinion is absolutely nobody was right in this situation and there are no winners here.

What I find abhorrent is that this child was put in this situation. There are so many other things that I'm disgusted about in regard to the people surrounding this kid, but that's for discussion here.
This is my feeling as well. I have always thought that KR was as much of a victim as the people he shot. He head was filled with grandiose ideas of patriotism and he was recruited by a local "militia" to go to Kenosha. And his mom and the other adults around him encouraged it. It was no place for a teenager, and especially no place for a teenager with a rifle. Everything about this case makes me sad because it could have all been prevented if the adults in his life stepped up for him.
 
I agree. I'm just saying that just because thats what they are supposed to do doesn't mean it happens. I think most people don't really get how much of what is presenting in the news as fact is really distorted or blatently false.
Agree, but not all of that is the media's fault. The news media are under intense pressure in controversial cases to get SOMETHING out there. And anyone who has ever been involved in a case -- as a victim, defendant, or police officer -- knows that most of the info that comes out early in cases is just plain incorrect.

So some of the blame for us jumping to conclusions about cases is that it is US doing the jumping. We need to be more patient and wait until the facts are in.
here doesn't really need to be much at all to get an arrest warrant, just enough to say it might have happened and a judge will sign an arrest warrant.
That's not correct. For an arrest, with or without a warrant, the arresting officer must have sufficient "probable cause." What does that mean? It means they must have sufficient evidence that a) a crime actually occurred, and b) that the arrestee probably committed the crime. The standard is that the evidence they have (and present to a judge to get a warrant) would cause a "reasonable person" to believe the person should be arrested.

That is VERY different from the burden of proof needed to get a conviction is a criminal case. In criminal cases, the burden of proof is "beyond a reasonable doubt."
 
This is my feeling as well. I have always thought that KR was as much of a victim as the people he shot. He head was filled with grandiose ideas of patriotism and he was recruited by a local "militia" to go to Kenosha. And his mom and the other adults around him encouraged it. It was no place for a teenager, and especially no place for a teenager with a rifle. Everything about this case makes me sad because it could have all been prevented if the adults in his life stepped up for him.

There's a really old Law & Order like that where there was a militia member that was a teenager and they were trying the whole lot of them. His mom tried to make him a deal, but the kid was trying to stay loyal to the group. While it's sad when these people fill a kid's head wtih that nonsense, it shouldn't let him off the hook completely either.
 
Agree, but not all of that is the media's fault. The news media are under intense pressure in controversial cases to get SOMETHING out there. And anyone who has ever been involved in a case -- as a victim, defendant, or police officer -- knows that most of the info that comes out early in cases is just plain incorrect.

So some of the blame for us jumping to conclusions about cases is that it is US doing the jumping. We need to be more patient and wait until the facts are in.That's not correct. For an arrest, with or without a warrant, the arresting officer must have sufficient "probable cause." What does that mean? It means they must have sufficient evidence that a) a crime actually occurred, and b) that the arrestee probably committed the crime. The standard is that the evidence they have (and present to a judge to get a warrant) would cause a "reasonable person" to believe the person should be arrested.

That is VERY different from the burden of proof needed to get a conviction is a criminal case. In criminal cases, the burden of proof is "beyond a reasonable doubt."
I'm aware of what it means. What I am saying is that the judge reads the statement and signs it. It doesn't mean whats in it is true. I can show you many probable cause staements that were not true or were so intentionally vague that it could have applied to 10 people. I have a criminal justice degree, I've worked in law enforcement and corrections. I know how it works, and how it's supposed to work. What is supposed to happen is not what happens a lot. A lot more than we'd like to think. And that evidence that this person "probably committed the crime" can be as simple as they were seen in the area 10 min before the crime occured. In fact I have one on my desk as I type this that is literally 2 sentences. And neither of these sentences says anyone saw this person commit the crime or any physical evidence. And yet a judge signed it.
 
I'm aware of what it means. What I am saying is that the judge reads the statement and signs it. It doesn't mean whats in it is true. I can show you many probable cause staements that were not true or were so intentionally vague that it could have applied to 10 people. I have a criminal justice degree, I've worked in law enforcement and corrections. I know how it works, and how it's supposed to work. What is supposed to happen is not what happens a lot. A lot more than we'd like to think. And that evidence that this person "probably committed the crime" can be as simple as they were seen in the area 10 min before the crime occured.
I don't know where you have worked, but every arrest or search warrant I've ever gotten from a judge (and that's a big number, including murder cases) required not only a sworn affidavit, but also testimony under oath before the judge confirming that everything in the affidavit was true and correct to the best of my knowledge.
 
My opinion is absolutely nobody was right in this situation and there are no winners here.

What I find abhorrent is that this child was put in this situation. There are so many other things that I'm disgusted about in regard to the people surrounding this kid, but that's not for discussion here.

He put himself in this situation.
 
There's a really old Law & Order like that where there was a militia member that was a teenager and they were trying the whole lot of them. His mom tried to make him a deal, but the kid was trying to stay loyal to the group. While it's sad when these people fill a kid's head wtih that nonsense, it shouldn't let him off the hook completely either.
Two comments:
  1. Law and Order is a fictional TV show.
  2. Whatever thoughts were in Rittenhouse's mind that led him to Kenosha are irrelevant. The only thoughts he had that are relevant are his assessments of the threats posed by the people he shot.
 
Two comments:
  1. Law and Order is a fictional TV show.
  2. Whatever thoughts were in Rittenhouse's mind that led him to Kenosha are irrelevant. The only thoughts he had that are relevant are his assessments of the threats posed by the people he shot.

I wasn't saying that Law & Order was real or had any bearing on this case. All I was saying is that the situation is similar to an old L&O where a minor was in a militia. The episode addressed the idea that he could be less culpable than others because of his age. While it has no bearing on the trial, it certainly is lamentable that a minor got put into that position - in the show and in real life.
 
There's a really old Law & Order like that where there was a militia member that was a teenager and they were trying the whole lot of them. His mom tried to make him a deal, but the kid was trying to stay loyal to the group. While it's sad when these people fill a kid's head wtih that nonsense, it shouldn't let him off the hook completely either.
I'm sad that he was completely let off the hook, but not surprised.
 
I don't know where you have worked, but every arrest or search warrant I've ever gotten from a judge (and that's a big number, including murder cases) required not only a sworn affidavit, but also testimony under oath before the judge confirming that everything in the affidavit was true and correct to the best of my knowledge.
You obviously work in a better state than I do lol. I've seen quite a few and none of them are very good. And I've seen several cases play out where the info contained in the probable cause statement was an outright lie, which was later brought out in trial. And eventually the defendant was found not guitly. But it took 3 years and a lot of money, and during that time he was trashed in the community and his family, including his children were treated like crap. Another one, different county, murder charge. The statement from a "witness" that was used in the probable cause statement was a lie. All in all I agree with you, that the public jumps on things and assumes they know what happened based on little evidence. But goodness, the number of comments I've seen when someone is arrested saying "well they arrested him, they obviously had evidence" and then they run with that, is ridiculous. Bc it really takes just enough to say "they could have done it" to get an arrest warrant, and then you are guilty in the public eye forever. And if by chance you are found not guitly, they don't believe that you weren't guilty, they say you found a loophole, or the prosecution messed up. (see all the comments above lol)
 
Rittenhouse is indeed guility, of stupidity. Lucky for him stupidity is not a punishable crime. Having watched the trial and the testimony, this appears to be a case of self defense. Many are not going to accept this but I truely hope it does not result in more rioting and personal harm--have not there been enough damage already?
 
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