Philip J Fry said:
GeorgiAg said:
Philip J Fry said:
aggiehawg said:
Provocation by Rittenhouse has been argued but what evidence was there to indicate that?
What does that matter anyway? How are any of Rosenbaum's actions consistent with self defense?
My guess is you can't claim self defense if you provoke the hell out of a guy, he attacks then you retaliate claiming SD
Going to say that doesn't feel right. As the prosecution, wouldn't you have to prove what Rosenbaum was thinking/feeling at the time to justify his actions?
And why would I not have the right to protect myself against physical harm just because I may have inadvertently triggered someone else?
at least by WI law, if you provoke someone to attack you, you do retain the right to use of force in self defense, what you lose is the right to use
deadly force. to regain that right you now have to meet certain retreat standards to basically show you disengaged.
and its not inadvertant triggering. if you claim self defense, the prosecution has to prove beyond reasonable doubt you failed to meet the legal requirements. thats the tact this ADA is taking:
- first show beyond reasonable doubt that KR's actions would have provoked a reasonable person to attack
- then prove beyond resonable doubt that KR didn't take the proper steps to disengage and regain his legal right to use deadly force in self defense