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Cattledog

(5,916 posts)
Fri Nov 19, 2021, 02:40 PM Nov 2021

Was Rittenhouse "overcharged"?

Here's the charges:

First-degree intentional homicide.

Attempted first-degree intentional homicide.

First-degree reckless homicide.

Reckless endangerment (two counts).


Would lesser charges have changed the verdict?

7 replies = new reply since forum marked as read
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Ocelot II

(115,740 posts)
2. I would have thought that at least reckless endangerment would have stuck.
Fri Nov 19, 2021, 02:42 PM
Nov 2021

But the first-degree homicide cases might have been overcharged.

exboyfil

(17,863 posts)
5. Once you accept it is "self defense"
Fri Nov 19, 2021, 02:48 PM
Nov 2021

then you seem to have wide latitude in your behavior including killing bystanders by mistake as you are "protecting" yourself.

How carrying a rifle at low ready in a populated area isn't brandishing and a provocation is still beyond me. It seems a whole level of escalation above having a weapon holstered.

Wisconsin statute

(3) The privilege of self-defense extends not only to the intentional infliction of harm upon a real or apparent wrongdoer, but also to the unintended infliction of harm upon a 3rd person, except that if the unintended infliction of harm amounts to the crime of first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, first-degree or 2nd-degree reckless injury or injury by negligent handling of dangerous weapon, explosives or fire, the actor is liable for whichever one of those crimes is committed.

bearsfootball516

(6,377 posts)
3. I have a buddy who thinks if they had gone for Voluntary Manslaughter, they may have gotten him.
Fri Nov 19, 2021, 02:46 PM
Nov 2021

It's hard to prove that he went there 100 percent with the intent to kill. But it would have been much easier to say he went there without meaning to kill, but once he got himself into a bad situation, he started shooting to kill.

Sympthsical

(9,076 posts)
4. I thought so once I saw all the evidence
Fri Nov 19, 2021, 02:47 PM
Nov 2021

I just don't see how they justified the heavy charges. They would've had to prove so much to make them work beyond a reasonable doubt. They barely proved anything, then hung their provocation hat on a blurry video.

The prosecution's behavior has baffled me throughout.

Amishman

(5,557 posts)
6. probably, 1st degree was a stretch
Fri Nov 19, 2021, 02:51 PM
Nov 2021

proving intent / premeditation is pretty difficult, particularly when the killings occurred on such an unusual and chaotic night.

Overcharging is a common problem and failing in our legal system though.

MichMan

(11,939 posts)
7. They often overcharge hoping to get a plea deal to a lesser charge
Fri Nov 19, 2021, 03:28 PM
Nov 2021

Of course, sometimes the defense calls their bluff.

They also can overcharge due to political pressures

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