Fort Fun Indiana
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Nah. It actually isn't. Especially when you are arguing self defense.Criminal history is always relevant in proving that alleged criminal activity is likely to have occurred.
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Nah. It actually isn't. Especially when you are arguing self defense.Criminal history is always relevant in proving that alleged criminal activity is likely to have occurred.
Where are you getting your information?Nah. It actually isn't. Especially when you are arguing self defense.
I did not say or imply it was not admissible.Where are you getting your information?
Wisconsin Statutes 904.04
904.04 Character evidence not admissible to prove conduct; exceptions; other crimes.
(1) Character evidence generally. Evidence of a person's character or a trait of the person's character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:
(a) Character of accused. Evidence of a pertinent trait of the accused's character offered by an accused, or by the prosecution to rebut the same;
(b) Character of victim. Except as provided in s. 972.11 (2), evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;
(c) Character of witness. Evidence of the character of a witness, as provided in ss. 906.07, 906.08 and 906.09.
That's not how it works.
The prosecution doesn't get to exclude evidence based solely on the speculation of what Rittenhouse knew or didn't know.
The defense can only offer evidence of what was happening, who was involved, and their background, because that tends to show that they were likely to be involved in rioting, arson, etc.
Then, the defense can use it to show that criminals were acting like themselves, which resulted in their deaths.I did not say or imply it was not admissible.
Criminal history is always relevant in proving that alleged criminal activity is likely to have occurred.
The judge already said that if evidence comes forward about the actions of the dead guys, that would be relevant and the judge would allow the defense to call them arsonists, etc.
You are way out of your element here, pal.That whooshing sound you just heard was my point sailing effortlessly over your head.
Unless Rittenhouse had knowledge of their backgrounds when he shot them, their backgrounds won't matter an iota when it comes to Rittenhouse claiming self defense...
Sure it would be.
If a child molester is attacking a child, most people would agree the child has the right to use deadly force.
This is wrong.Let's say Rosenbaum is a child molester.
Rosenbaum chases Rittenhouse. Rittenhouse shoots and kills Rosenbaum.
Unless Rittenhouse knows that Rosenbaum is a child molester when he shoots him, he can't use the fact that Rosenbaum's a child molester in his self defense claim.
And there's not a single reason in the world to believe that Rittenhouse really knew anything about Rosenbaum...
They can try. But when they then focus on the small window of events to argue self defense, they jury will understand that it had no bearing on Kyle's acts. Similarly, the prosecution will show things about Kyle that indicate he was hoping to get violent that night.Then, the defense can use it to show that criminals were acting like themselves, which resulted in their deaths.
You are way out of your element here, pal.
I just posted the Wisconsin statute.
It doesn't matter what Rittenhouse knew. They were criminals and that evidence tends to prove that they acted as such in starting the violence. THAT is relevant. It shows that it's more likely that the violent criminals started the shit and Rittenhouse was justified in acting in self defense.
Whoosh.
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This is wrong.
Rosenbaum's criminal past shows that he is likely the aggressor, not Rittenhouse.
It's relevant and will be admitted.
100% self defense. Bet he was as surprised as when Trevon Martin got himself shotMy favorite scene in the original is when that animal was over him about to kill him....Then BANG!!!
The mother fucker was so surprised, ran away, and dropped dead in the street before he hit the ground
That is where you are wrong.Again, that's fine!
It CANNOT, however, be legitimately used in a self defense claim, simply because Rittenhouse had no knowledge of Rosenbaum's past...
he doesnt need to know,, but the fact rosenbaum was a violent criminal only proves kyle acted in self defense..Let's say Rosenbaum is a child molester.
Rosenbaum chases Rittenhouse. Rittenhouse shoots and kills Rosenbaum.
Unless Rittenhouse knows that Rosenbaum is a child molester when he shoots him, he can't use the fact that Rosenbaum's a child molester in his self defense claim.
And there's not a single reason in the world to believe that Rittenhouse really knew anything about Rosenbaum...
But, Rosenbaum's disgusting criminal past does indicate that it is more likely than not that Rosenbaum's animal ass started the shit.Let's try this:
Rittenhouse shot and killed Rosenbaum. Unless Rittenhouse knew Rosenbaum was a child molester, he cannot claim that he shot Rosenbaum because he was a child molester and that fact made Rittenhouse fear for his life.
Sure, the defense can enter into the evidence anything and everything about Rosenbaum to show what a piece of shit he was. If you review what I've written, I've never claimed otherwise. What I said is that, when it comes to a self defense claim, Rittenhouse can't claim something he had no knowledge of...
That is where you are wrong.
It DOES go to show that Rittenhouse, the non-criminal, did not provoke the attack. Read the statute I posted.
He was surprised for sure100% self defense. Bet he was as surprised as when Trevon Martin got himself shot
But, Rosenbaum's disgusting criminal past does indicate that it is more likely than not that Rosenbaum's animal ass started the shit.
Read
The
Statute
Moral of the story: don't assault people. One of your victims may be armedHe was surprised for sure
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