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this post was submitted on 27 Aug 2023
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chapotraphouse
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Even if you steel man his argument and presume his 100% innocence, he still did something wrong by traveling to a place he didn't live to act belligerent to locals with his gun. It is impossible for you to argue that he did nothing wrong. Try harder.
Jurisdiction and Travel: One could argue that traveling to a place, even if it's not one's primary residence, does not inherently constitute wrongdoing. Rittenhouse had family ties in Kenosha, and he worked in the city as well. Thus, presenting it as an outsider coming in with no connections can be misleading.
Intent: The presumption of his intent as "acting belligerent" is an assumption. Kyle's stated intent was to protect property and provide medical aid. It's vital to separate one's interpretation of his actions from the actual intent.
Law Self-Defense: The trial's core issue was whether Rittenhouse acted in self-defense. The jury found him not guilty on all counts, implying that, legally speaking, his actions were in line with self-defense statutes in Wisconsin.
Weapons: While he was underage possessing a firearm, the gun charge was dropped due to the specifics of Wisconsin law. The argument could be made that the gun shouldn't have been there in the first place, but this is a separate issue from the question of whether he acted in self-defense once confronted.
Moral Nuance: One can argue that Rittenhouse may have made decisions that escalated tensions (like bringing a firearm to a volatile situation), but that doesn't mean he acted criminally during the events in question.
Avoid Overgeneralization: It's essential to avoid painting the entire situation with a broad brush. Just because someone believes that Kyle acted in self-defense in the events of that night doesn't mean they endorse every decision he made leading up to it.
You're right. Civil and criminal trials operate under different standards of proof. In criminal trials, the burden of proof is 'beyond a reasonable doubt,' which is a high bar to meet. Civil trials typically require 'a preponderance of the evidence,' meaning it's more likely than not that one side's viewpoint is correct. The O.J. Simpson case is a prime example, as he was found not guilty in his criminal trial but later found liable in a civil trial. It's essential to recognize these distinctions when discussing legal outcomes.
Absolutely, you've provided a accurate description of the differing standards of proof in civil and criminal trials. The O.J. Simpson case indeed illustrates how someone can be acquitted in a criminal trial due to the higher "beyond a reasonable doubt" standard, yet still be found liable in a civil trial where the "preponderance of the evidence" standard is applied. These distinctions are crucial for understanding legal outcomes and the burden of proof in various legal contexts.