Kyle Rittenhouse - teen who shot three people in Kenosha

The first one, Kyle wasn't even touched and the one where he amazingly missed i don't believe they had a weapon. He was chased and a man made a lunge at him - pretty akin to a fight breaking out.
Knowing what has happened to multiple people at the hands of rioters, given what Rosenbaum had said previously that evening to Kyle and add in the fact that nothing seemed to deter Rosenbaum from chasing Kyle down, and he was in the process of trying to grab his gun, do you think he thought his life was in danger?
 
That was after the first shooting, where they may have thought he was the aggressor/active shooter.

The first one, Kyle wasn't even touched and the one where he amazingly missed i don't believe they had a weapon. He was chased and a man made a lunge at him - pretty akin to a fight breaking out. My point is that, that sort of thing happens multiple times every night, everywhere (ie people kicking off, chasing each other, getting into fights etc), but 99.999% of the time doesn't end up with people dying. People died, because Kyle took a rifle with him to an already volatile situation, where he knew it would be filled with volatile people causing trouble (and that isn't saying it is all , or even mostly on Kyle, but his decisions, immaturity and poor judgement contributed).

People getting punched and dying or beaten to death does happen.

Lots of people had guns at these protests/riots and didn't shoot anyone.

What you're arguing if no one had turned up no one would have died.

I will agree that his inexperience got him into this situation and perhaps someone with more experience would have done things differently. But that a what if...
 
People getting punched and dying or beaten to death does happen.

I agree, but there are countless fights/scuffles/altercations etc all the time, which dont end up with someone using deadly force to stop them.

Lots of people had guns at these protests/riots and didn't shoot anyone.

Correct, yet only Kyle ended up killing two people, wounding another, and narrowly missing killing/wounding a fourth person.
 
do you think he thought his life was in danger?

Possibly. But simply saying you thought your life was in danger, isn't just a 100% get out clause to killing someone. Reasonable force comes into play, and really that is the crux of this entire case when it comes to the more realistic things he may be found guilty of (ie reckless endangerment or even reckless homicide).

Self Defense is a highly complex area of law.
 
That was after the first shooting, where they may have thought he was the aggressor/active shooter.

The first one, Kyle wasn't even touched and the one where he amazingly missed i don't believe they had a weapon. He was chased and a man made a lunge at him - pretty akin to a fight breaking out. My point is that, that sort of thing happens multiple times every night, everywhere (ie people kicking off, chasing each other, getting into fights etc), but 99.999% of the time doesn't end up with people dying. People died, because Kyle took a rifle with him to an already volatile situation, where he knew it would be filled with volatile people causing trouble (and that isn't saying it is all , or even mostly on Kyle, but his decisions, immaturity and poor judgement contributed).

You're basically upset that he had the means to defend himself whilst being attacked because violent situations happen where people don't have that ability and he may have only been badly beaten? I mean this is essentially victim blaming lol. "OMG why didn't he take his beating instead of using deadly force!!!". The people attacking Kyle made the decision and 2 of them are dead, if you're dumb enough to physically attack someone with a gun who is actively retreating and trying to avoid conflict then that's on you, you won the Darwin award.

Yes hard to imagine why he felt he had to shoot someone, violence happens every day bro. Imagine actually continuing to defend this **** it's embarrassing and you make yourself look so stupid

csthndm6ndj51.jpg
 
I agree, but there are countless fights/scuffles/altercations etc all the time, which dont end up with someone using deadly force to stop them.

But some do which is the point. Just because someone isn't armed doesn't mean they can't (or won't) kill you.

Correct, yet only Kyle ended up killing two people, wounding another, and narrowly missing killing/wounding a fourth person.

Who all attacked him first.

You're trying to infer he was reckless and uncontrolled with a gun. Yet the video and physical evidence refutes that. The last guy who was shot was only shot when he raised his weapon, and once he backed off, Rittenhouse also backed off. You'd have to say if he had not been isolated and with someone tougher and more experienced its likely things might have worked out differently. For example he turned and ran, with his back to any threats, and every time he was attacked.

You'd also have to consider it was because they thought he was vulnerable, they attacked him in the first place. If had been some tough guy in a defensive stance, or a couple of them with weapons, they wouldn't have gone near them.

He shouldn't have been there. It was bad luck that his paths cross with a troubled homeless guy. He was naïve and stupid. But then attacking someone holding an automatic weapon was hardly a smart move, what ever the motivations.

You avoid things like protests and riots for good reason.
 
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For me, this whole case highlights why letting the general public carry rifles and guns around (especially people young, inexperienced and emotionally immature) is a bad idea.

I imagine that in countless night clubs /bars across this country (and the US) fights break out between people where attempts to punch/kick and grab are made. Im also sure the phrase "I'll kill you" is used quite commonly in some of these situations.

Thankfully not every one of them results in multiple people being killed. When you add a 17 year old with an AR15 into that mix....Well.

This isn't a comment on not allowing self defense, but more on how introducing guns into the mix serves to give any parties involved the ability to use lethal force at the drop of the hat, when it may not be warranted.

Does everyone really want to live in a society where any possible fight that breaks out results in the supposed victim being able to simply shoot the other person in public/in a potentially crowded area?

People are killed in the UK all the time with knives or other objects? Is it different because its not bullets doing the killing?

They're actually allowed to defend themselves over there, giving the people the right to arm themselves levels the playing field, a women being attacked by some guy in this country? Shes a goner, in the states, she could quite easily defend herself.

You should sub to "active self protection" its actually quite eye opening.
 
You're basically upset that he had the means to defend himself whilst being attacked because violent situations happen where people don't have that ability and he may have only been badly beaten? I mean this is essentially victim blaming lol. "OMG why didn't he take his beating instead of using deadly force!!!". The people attacking Kyle made the decision and 2 of them are dead, if you're dumb enough to physically attack someone with a gun who is actively retreating and trying to avoid conflict then that's on you, you won the Darwin award.

Yes hard to imagine why he felt he had to shoot someone, violence happens every day bro. Imagine actually continuing to defend this **** it's embarrassing and you make yourself look so stupid

csthndm6ndj51.jpg
Is that bloke kicking him the one he killed?
 
@robfosters - No, Rittenhouse fired 1 (maybe 2?) shots as he was being kicked which missed this guy, however the guy behind the "kicker" in that image is the skateboard holder who was shot and killed a few seconds later.
 
You'd also have to consider it was because they thought he was vulnerable, they attacked him in the first place. If had been some tough guy in a defensive stance, or a couple of them with weapons, they wouldn't have gone near them.

Absolutely, people are cowards until they have numbers on their side, then all of a sudden theyre tough guys, didn't work out to well for them though did it.
 
People are killed in the UK all the time with knives or other objects? Is it different because its not bullets doing the killing?

They're actually allowed to defend themselves over there, giving the people the right to arm themselves levels the playing field, a women being attacked by some guy in this country? Shes a goner, in the states, she could quite easily defend herself.

You should sub to "active self protection" its actually quite eye opening.

People are allowed to defend themselves using reasonable force in the UK?

iirc you are 4 x more likely to be murdered successfully in the USA than in the UK, so I guess all their self protection guns aren’t working very well…

If anything if I was trying to murder someone, and they pulled a gun on me, I’d appreciate them supplying me the weapon I can use to kill them more easily. Life isn’t a movie.
 
@robfosters - No, Rittenhouse fired 1 (maybe 2?) shots as he was being kicked which missed this guy, however the guy behind the "kicker" in that image is the skateboard holder who was shot and killed a few seconds later.

8 shots in total. 4 the first guy. 2 the guy he missed. 1 the skateboard guy and 1 the guy who was wounded.

But you can't really look at it without the context of what was happening at the time.
 
People are allowed to defend themselves using reasonable force in the UK?

iirc you are 4 x more likely to be murdered successfully in the USA than in the UK, so I guess all their self protection guns aren’t working very well…

If anything if I was trying to murder someone, and they pulled a gun on me, I’d appreciate them supplying me the weapon I can use to kill them more easily. Life isn’t a movie.

In the UK and out of work and sick you will get help. Not so in the US. Very different perspective.
 
That's not how the UK law operates, see John Murray v United Kingdom where a person was convicted after inferences were drawn from absolute silence and without even having access to a lawyer.

1) That's a case prosecuted under terrorist legislation and isn't applicable to the 'normal' caution and non terrorist offences and any inferences to be drawn from it and the US has had some far more authoritarian anti terrorist legislation like the Patriot act which was far more likely to open avenues for miscarriages of justice

and 2) the appeal to the ECHR found that the inferences were not a significant part of his conviction
 
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OMG Hurf, you're so hard man. You post that crap and then finish it with "life isn't a movie". Beautiful.

A subtle nod to the notion that someone who draws a gun on their attacker is likely to be killed with the weapon rather than use it successfully to defend themselves.
 
1) That's a case prosecuted under terrorist legislation and isn't applicable to the 'normal' caution and non terrorist offences and any inferences to be drawn from it and the US has had some far more authoritarian anti terrorist legislation like the Patriot act which was far more likely to open avenues for miscarriages of justice

and 2) the appeal to the ECHR found that the inferences were not a significant part of his conviction

If you read the CPS guidance, the exceptions to the "normal" situation you propose are too numerous to cite. Not as though antiterrorism should be any reason to remove a suspects rights though, especially considering this tends to be where the most egregious violations of due process come from.

https://www.cps.gov.uk/legal-guidance/adverse-inferences

Criminal Justice and Public Order Act (CJPOA) 1994

Section 34

Section 34 allows an inference to be drawn if a suspect is silent when questioned under caution prior to charge and subsequently relies upon a relevant fact at Court, which he or she could reasonably have been expected to mention when questioned. Just because a suspect declines to answer questions, does not automatically mean that an adverse inference can be drawn. It is only when he or she later seeks to put forward an account or explanation that the adverse inference provision is triggered.

Section 35
Section 35 allows an inference to be drawn when a Defendant is silent at trial. However, this section prevents an inference from being drawn when it appears to the Court that "the physical or mental condition of the accused makes it undesirable for him to give evidence."

The court is required to satisfy itself that the defendant is aware that the failure to give evidence or to answer questions without good reason may lead to inferences being drawn against him or her.

Sections 36/37
Section 36 allows an inference to be drawn when a person fails or refuses to account for objects, substances or marks found:

  • On his person
  • In/on his clothing or footwear
  • Otherwise in his possession; or
  • In any place at the time of his arrest
An investigating officer must reasonably believe that the presence of such a mark, or substance or object may be attributable to that person's participation in the commission of an offence specified by the officer.

Section 37 allows an inference to be drawn when a Defendant fails or refuses to account for his presence at a particular place where it is believed that he may have committed an offence.

Section 5 of the Domestic Violence, Crime and Victims Act (DVCVA) 2004
Section 6 and 6A of the DVCVA 2004 provides for inferences to be drawn where a person fails to testify when charged with an offence under Section 5 of that Act (causing or allowing a child or vulnerable adult to die or suffer physical harm).

Legal Advice to be Silent
To avoid the drawing of an adverse inference, some Defendants will state that they remained silent because they were advised to do so by their legal advisor. However, such a course will not necessarily avoid the application of Section 34 of the CJPOA 1994. In R v Hoare and Pierce [2004] EWCA Crim 784, the Court of Appeal held that when such an explanation is put forward, a jury should consider whether it was reasonable for a defendant to rely on such advice.

This principle was further developed in R v Beckles [2005] 1 WLR 2829, in which the Court of Appeal set out a two-stage test for juries to consider before drawing an adverse inference:

  1. Did the Defendant genuinely rely on the legal advice, i.e. did they accept the advice and believe that they were entitled to follow it?
  2. Was it reasonable for the Defendant to rely on the advice?
By way of example, a Defendant may be acting unreasonably if he relied on the legal advice to remain silent because he had no explanation to give and the advice suited his own purposes.

Reasonableness does not depend on whether the advice was legally correct or whether it complied with the Law Society's guidelines. (See R v Argent [1997] Crim.L.R. 449 CA and R v Roble [1997] Crim.L.R. 449, CA).

I don't find any of this to be a convincing argument not to have an equivilent to the 5th amendment in the UK, our countries laws are a shocking state of affairs that routinely cause injustice.
 
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