The judge in the Rittenhouse case made some decisions on the jury’s instructions that could have a significant impact on the case.
1. The prosecution Ask the judge Read some of the lighter charges to the jury in the jury’s instructions on Monday. Although it is normal for the prosecution to request such reading, in this case, it also shows that they believe that there is a problem with their case, so even if it is not the highest charge, they are trying to convict the original charge.
Rittenhouse Has been charged Contained first-degree reckless homicide, using dangerous weapons (shooting Joseph Rosenbaum); first-degree intentional homicide, using dangerous weapons (shooting Anthony Huber); two first-degree reckless crimes of endangering safety, using dangerous weapons (suspected of endangering another while shooting Two persons, reporter Richie McGinniss and the man who kicked Rittenhouse in the head); an attempted first-degree intentional homicide (in the shooting of Gaige Grosskreutz) and a charge of possession of a dangerous weapon by a person under the age of 18.
Prosecutor Asked to add second-degree reckless homicide Take Joseph Rosenbaum as an example. This does not require the prosecutor to prove that Rittenhouse has shown complete disregard for human life, which is necessary in the first-order count. The defense objected, and Schroeder said he was unlikely to allow this because he believed that if a guilty verdict, it would be overturned on appeal.
Schroeder said that on issues that endanger McGinnis, he tends to allow the mitigation of accusations of second-degree reckless harm, but lawyers should not be surprised if he does not allow it. He also stated that he would not allow lighter charges for unidentified men who tried to kick Rittenhouse.
However, the judge While filming Huber, other minor accusations were indeed allowed. The Rittenhouse defense agreed to allow second-degree intentional homicide and first-degree reckless homicide because it was related to Huber, but they disagreed with second-degree reckless homicide because the accusation did not require proof that the teenager showed “complete disregard” for human life. The defense does not want to abolish the high standards that the prosecutor must meet.
As for Gross Kruitz, Prosecutors demanded reductions in the counts of attempted intentional homicide at the second level, reckless hazard at the first level and reckless hazard at the second level. The defense does not oppose the charge of attempted murder at the second level, but they do oppose the increase in the charge of reckless endangerment, saying that they do not believe that someone will “attempt to act recklessly.” The judge did not publicly rule on this argument.
Therefore, the judge’s decision may be a key issue for Rittenhouse. For example, if the jury makes him bear a higher fee, they may be willing to compromise on a lower fee if they think the higher fee is inappropriate. So theoretically it can increase his chances of being convicted.
But for Rittenhouse, the worse decision that may change the nature of the trial may be the judge’s decision to issue a provocative order to the jury. We mentioned Until then, this may be the place where the prosecution is going. If the prosecution can persuade the jury to believe that Rittenhouse “provoked” the attack, this may allow the prosecution to ultimately win. The prosecution requested that the jury be instructed to consider whether Rittenhouse caused Rosenbaum’s case. The prosecutor claimed that Rittenhouse had pointed a gun at people before Rosenbaum was shot. The defense denied it. All the photos of the prosecutor are grainy, which seems to be explainable. You can see the judge Rittenhouse and his lawyer checking the photos.
One is from Getty and the other is from Reuters. Not surprisingly, we saw that Rittenhouse and the judge were extremely close and aligned while watching the evidence video. On the right is KR’s lawyer. pic.twitter.com/3RISlkzAWQ
-Reading pictures (@ReadingThePix) November 14, 2021
The judge said he would allow the jury to consider the issue and give them a provocative order.
The instruction to the jury Say as follows:
815 Privilege: Self-defense: Not applicable to the person who provoked the attack: Regaining the privilege — § 939.48(2)
[ADD THE FOLLOWING TO WIS JI‑CRIMINAL 800, 801, OR 805 WHEN SUPPORTED BY THE EVIDENCE.]
provocative
You should also consider whether the defendant provoked an attack.People who engage in illegal acts[1] It belongs to the type that may provoke another person’s attack, and if it does provoke an attack, you must not use or threaten to use force in self-defense to counter the attack.
[USE ANY OF THE FOLLOWING PARAGRAPHS THAT ARE SUPPORTED BY THE EVIDENCE.]
[However, if the attack which follows causes the person reasonably to believe that he or she is in imminent danger of death or great bodily harm, he or she may lawfully act in self‑defense. But the person may not use or threaten force intended or likely to cause death unless he or she reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm.]
[A person who provokes an attack may regain the right to use or threaten force if the person in good faith withdraws from the fight and gives adequate notice of the withdrawal to his assailant.]
[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 another person is not entitled to use or threaten force in self‑defense.]
So you can see that if the jury supports this provocative argument, it will make the defense’s case more difficult-it can effectively use self-defense as an argument, except under the above restrictions.Used to look like Acquitted But if the prosecution betrayed the jury, Rittenhouse might get a very bad result.
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