A generation Written last night Regarding some of the decisions made by the judge in the Kyle Rittenhouse case regarding the lesser allegations. This shows that the prosecutors know that they may find it difficult to convict some of the highest charges, and they hope to increase the likelihood of convictions on certain things.
In addition, one of the most important decisions made by the judge on the jury order is to allow provocative orders, which means that the jury can consider whether Kyle Rittenhouse was suspected of pointing a gun at someone and triggering all actions. Start. The prosecutor argued that this was what happened in a granular photo that is difficult to determine, and the defense denied this. But this may in theory overturn the case, because according to Wisconsin law, if the jury believes that he provoked the incident, it may affect his right to self-defense, as I explained last night.
However, although the judge’s decision was not smooth for Rittenhouse, there is another question that may help him. In addition to charges involving the shooting — if the jury believes he was acting in self-defense, Rittenhouse may be acquitted — there is also a misdemeanor gun charge.Judge Raised a question Regarding the language of the regulations, it also stated that it is difficult for “ordinary citizens” to understand what is illegal.
According to section 948.60(2)(a) (“A person under the age of 18 holds a dangerous weapon”), “[a]Anyone under the age of 18 who possesses or carries a dangerous weapon is guilty of a Class A misdemeanor. “
But as the George Washington University law professor Jonathan Terry observed, there is also subsection (c).
Then, you must look at subsection (c), which states that “This section only applies to persons under the age of 18 if that person violates s. 941.28 or does not comply with ss. 29.304 with 29.593. “
Since there is no evidence that Rittenhouse violated section 941.28, he probably must have violated section 29.304 at the same time with 29.593. The defense admitted that Rittenhouse violated Section 29.593, which requires weapons certification. However, he did not violate Section 29.304 entitled “Restrictions on Hunting and Use of Firearms by Persons Under 16”. As the title indicates, this section makes it illegal for people under 16 to use firearms. Rittenhouse was 17 years old, and the prosecution did not question this fact.
In the law, when they add “and”, they mean to interpret this way. If neither, then it is doubtful whether the clause applies and whether it can be charged. If it is charged and convicted, it may be dismissed on appeal.
The question is, even if the jury finds Rittenhouse is in self-defense and acquits him on all other charges, what about the gun charges? However, if they do not have the necessary elements to install the gun, then this situation may also disappear.
