Tuesday, May 31, 2022

Self Defense Begins At School

I suggest that the NRA rephrase one of its old sayings.

The only thing that will stop a bad man with a gun in a school, is a child with a gun.

 

Possible Concomitant Consequences

I have not been closely following the case of Kyle Rittenhouse.  Rittenhouse is the Illinois teenager who says he traveled to Wisconsin with his assault rifle to defend people and businesses from rioters.  He is accused of killing two people and wounding another person while he was in Wisconsin.  There is video evidence showing he shot them.

I did take notice when the trial judge, Bruce Schroeder, ruled that prosecutors could not use the term "victim" or "alleged victim" to describe the people who were killed or shot.  I believe I read he thought that calling these people "victims" would bias the jury against Rittenhouse when he has yet to be convicted of anything.  I don't think that explanation makes sense.

Dictionary.com defines victim as "a person who suffers from a destructive or injurious action...".  These victims were injured.  Whether or not they were injured by Rittenhouse, and if they were, whether or not the injuries were legally justified is what this trial is all about.  We won't know if these people were victims of Rittenhouse until the trial is completed so why not use the term "alleged victims".  The term "alleged" is just acknowledging that this is what the trial is going to determine.  

But the judge has legal training and experience that I don't have, so I was ready to give him the benefit of the doubt.  At least I was until he expanded his ruling.

He went on to say the defense could use the terms "rioters", "looters" and "arsonists" to describe the people who were shot if the the defense presented evidence supporting these descriptions.  

What?

These people have not been convicted of any crime so why can they be labelled by the court as law breakers?   The judge is not willing to allow possible negative bias against Rittenhouse during the trial, OK, but he has no problem labeling the victims as felons and giving Rittenhouse backing from the bench for any self-defense claims.  

I thought justice was supposed to be blind. I don't know of any charges the wounded person is facing. If there are any crimes, they would be alleged until he is convicted.  The two victims who were killed can't be tried or convicted.  They can't defend themselves, so why can't we at least call them "alleged victims"?

I would imagine the prosecutors will call Rittenhouse a murderer which presumes there are victims. So if prosecutors can't call them "victims" what do they call them?  They are not plaintiffs.  How about "possible concomitant consequences"?

 This blog was originally written in November, 2021, before Rittenhouse was acquitted.