Did the rape victim shoot during or after? Cuz that’s the first thing cops wanna know
At what point does the shooting become okay in that scenario? Before, during, or after.
Yeah, not really a legit comparison. The kid was the one violating the law and drive hours to look for a fight.
Again, if he was flagging or brandishing, his whole self defense claim crumbles. If you shoot someone while committing a crime, it isn't self defense.
So on the same vein, if an underaged lady goes out looking to maybe get some, then kills three during an attempted rape, she’s at fault? She shouldn’t have been there, she shouldn’t have been talking or dressed like that, right? She’s 17yo with a fake ID, she was breaking the law, so oh well? I know that’s not what you are saying, but in the legal argument the same situation exists. More below.
And if by hours you mean 30min to the closest metropolitan area, then yes.
Wow. A few hundred pages ago I thought you had a good head on your shoulders. You're right up there with Zrick as far as having your head in your ass.
My point is the three shootings could be defended as self defense, and likely will be with some success. The elements of self defense is there regardless of the underlying violations on both sides that lead to the death of two and wounding of a third. How we feel it should play out is legally immaterial. This is supported by Wisconsin Statute:
939.48(2)(a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person's assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.
939.48(2)(b) (b) The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant.
939.48(2)(c) (c) A person who provokes an attack, whether by lawful or unlawful conduct, with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant is not entitled to claim the privilege of self-defense.
Even though Rittenhouse was breaking numerous laws, and looking every bit of douchebag, he was attacked while attempting to flee. By him attempting to flee and only engaging those posing direct threats to him, he can argue self defense. Now I believe there is some wiggle room for prosecution under para (c). This is a weak argument because Rittenhouse continued to flee, rather than turning to fire on a perusing attacker, thus meeting the stipulation under para (b). He was being physically engaged at the time of all four shootings, to include the misses.
The legal defense of protection of third parties argued for the other three isn’t sound because Rittenhouse was actively retreating, not engaging others outside of the self defense discussed above.
Again, I am not apologizing for Rittenhouse. He’s an idiot sheepdog tacticool wannabe who should have been home playing call of duty. None of those assholes should have been out there “defending” private businesses unless asked to do so by the owner of said business. Conversely, none of those assholes rioting should have been there either. None of those assholes should have tried to go after a fleeing dude with a gun. Lots of dumb shit on both sides never ends well for those involved. Personally, I hope Rittenhouse is tried as an adult and locked away for a good amount of time, and as a felon his right to bear arms revoked. The adult that put that rifle in Rittenhouse’s hand should be locked away for the straw purchase that was, and his constitutional rights revoked as well. Furthermore, I hope both of them are found civilly liable and spends the rest of their very long lives living in fear and paying retribution for their crimes.