Kyle Rittenhouse and The Law of the Pursuer
Kyle Rittenhouse and The Law of the Pursuer
30 Aug 2020 ~~ By Civis Americanus
Wisconsin recently charged Kyle Rittenhouse with first degree murder for killing two people who were, from what I can see from the videos, attacking him with weapons. Whether Rittenhouse should have been in Kenosha in the first place, and with a weapon a 17-year old cannot legally carry in public, is a separate issue for courts of law to decide. The question at hand is however why he was charged with murder while his surviving alleged assailants were, as far as I know, not charged with anything.
This leads to the need to educate potential jurors (i.e. all citizens who are eligible to serve on juries) proactively about important self-defense principles. This must happen before they are called for jury duty because it is
illegal to do so afterward. Jurors need to understand the simple concept of
din rodef, "the law of the pursuer." This gives defense attorneys a single word – rodef -- to explain the concept if jurors are not already familiar with it.
Rodef = One Who Pursues
A rodef (plural rodfim) is somebody who pursues somebody else with the objective of causing death or serious physical injury. Din rodef entitles the one pursued, or a bystander, to use reasonable force, up to and including deadly force, to stop the rodef from completing the intended violent crime. The principle is actually very similar to most modern laws. Deadly force cannot be used if lesser force will suffice, and the rodef ceases to be a rodef the instant he desists from his violent actions. Din rodef is also reflected by the modern adages (in the context of a fight or argument) such as "Never follow anybody into the
parking lot" and "Never follow the other guy
home" because these are prima facie evidence of malicious and violent intent. It's hard for a rodef to claim innocence or self-defense when things go bad.
[Snip]
None of this article constitutes legal advice. I believe, however, it is consistent with prevailing self-defense laws and also common sense. A rodef cannot menace others, pursue others to instigate or perpetuate confrontations, or corner others while making overt or implied violent threats, and retain even one shred of any mantle of
innocence should anybody get hurt. It is up to readers as to whether they agree.
Fightback.law, which features the prominent attorney
Lin Wood who is representing Melissa Rolfe against Equity Prime Mortgage LLC, is
collecting money to support Rittenhouse's defense.
Comment:
I firmly suggest you read this and compare this case to the latest assassination of of the Patriot For Prayer identified as Joey Gibson.
Gibson was not pursuing or attacking someone/anyone, yet he was killed callously by Michael Reinoehl.
Will the Portland Police Chief/Mayor call for the arrest of Reinoehl? Will Reinoehl surrender himself to the authorities? I don't think so....
That is the difference between law abiding individuals as compared to anarchist terrorists espousing Communist ideology..