Acquittal of Rittenhouse on All Counts Marks a Reaffirmation in America of the Ancient Right of Self Defense

The acquittal of Kyle Rittenhouse on charges of killing two persons and wounding a third during the riots in Kenosha, Wisconsin, will likely go down in history as a broad reaffirmation in America of the ancient right to self defense.Mr. Rittenhouse was ordered by Judge Bruce Schroeder to stand and face the verdict shortly after noon. He stood solemnly, his hands crossed in front of him, until the pronouncement of not guilty on the third charge, when he began to weep. As the fifth acquittal was announced, he collapsed.The verdict was brought in by a jury that — apparently — was uncowed by threats of violence and more riots should it acquit the 18-year-old who had come to Kenosha with a semi-automatic rifle and been pursued by rioters. Mr. Rittenhouse’s actions were caught on video tape that apparently played a role in convincing jurors he acted in self defense.The video evidence made plain that Mr. Rittenhouse was in a chaotic situation and under physical threat and seemed, prima facie, to undermine the prosecution’s attempts to cast as beyond a reasonable doubt the idea that Mr. Rittenhouse had committed murder. During the trial, Mr. Rittenhouse gave lengthy testimony in his own defense.An effort by the prosecution to suggest that Mr. Rittenhouse’s bearing a weapon in Kenosha was in and of itself a provocation. That notion apparently had little impact on the jury. A misdemeanor charge against Mr. Rittenhouse for carrying the rifle was dropped by the judge during the trial when it turned out the barrel length of the gun he was carrying made it legal.The trial had been marked by controversy. Judge Schroeder was criticized for not allowing the persons Mr. Rittenhouse shot to be described as “victims,” noting that this would tend to prejudice the case against the defendant.Judge Schroeder himself criticized press coverage of the trial, calling it “really quite frightening.” He was upset at personal attacks on himself, and on the lawyers on both sides. An MSNBC producer was arrested for a traffic incident while trailing a bus carrying the jurors, and Mr. Schroeder banned the network from the courtroom.The judge decried the “grossly irresponsible handling of what comes out of this trial” and said he was rethinking ever again having cameras in the courtroom. And there were other controversies that related directly to due process.One question was in respect of the resolution of a video the prosecution had supplied the defense, which was less clear than the original. Speculation at the time was that this could lead to a mistrial, but the issue was ultimately written off to a technical problem with making and transmitting the digital copy.Demonstrators had been gathering outside the Kenosha County courthouse in increasing numbers over the week as the jury deliberated, most supporting the prosecution but some also in support of the defense. A few scuffles broke out, and some arrests were made. Overall the mood was peaceful, with the two sides chatting and sharing pizza on Wednesday.Some demonstrators, however, chanted, “If Kenosha don’t get it, shut it down,” raising the prospect of renewed unrest in the wake of an acquittal. “Burn it down” began trending on Twitter, and persons at the courthouse chanted “No justice, no peace.”One demonstrator at the courthouse said after the verdict was announced, “when it’s a state-sanctioned murder, you get to riot!” Five hundred Wisconsin National Guard troops were put on standby earlier this week to deal with possible outbreaks of violence. A Black Lives Matter group announced a peaceful vigil would be held at the courthouse Friday evening.[Please return to this story for possible updates.]

Acquittal of Rittenhouse on All Counts Marks a Reaffirmation in America of the Ancient Right of Self Defense

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