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In reply to the discussion: WHAT THE HELL IS WRONG WITH THAT JURY!!!! THAT ASSHOLE WAS GUILTY AS ALL HELL!!!!!!! [View all]Amishman
(5,557 posts)6. WI 939.48 (2) (b)
WI 939.48
(2) Provocation affects the privilege of self-defense as follows:
(a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the persons assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.
(b) The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant.
(c) A person who provokes an attack, whether by lawful or unlawful conduct, with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant is not entitled to claim the privilege of self-defense.
As soon as it came out that the jury wanted to review the drone video of the Rosenbaum chase, I was pretty certain this would be the outcome. Once KR tried to run and was being chased, nothing that happened before it really mattered given the wording of the relevant statute.
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WHAT THE HELL IS WRONG WITH THAT JURY!!!! THAT ASSHOLE WAS GUILTY AS ALL HELL!!!!!!! [View all]
Scottie Mom
Nov 2021
OP
If you served on a jury, you would know that they have to follow parameters of the law
themaguffin
Nov 2021
#51
I hope someone interviews the non-white members of the jury to explain the acquittal vote.
LonePirate
Nov 2021
#12
There is no tampering after the fact. Juror interviews post trial are quite common in fact.
LonePirate
Nov 2021
#29
That's my concern. It declares it's "open season" for gun nuts to pursue as they want
Dave says
Nov 2021
#17
IMO, one has to be a racist, an idiot, blind to justice or all three to find self defense.
Scottie Mom
Nov 2021
#34
I understand what you're saying, but you have to go into a jury with an open mind
Polybius
Nov 2021
#36
Apparently the Rittenhouse jury did not have open minds. IMO, of course. EOM
Scottie Mom
Nov 2021
#40
I can understand that. I apprecciate it. I am asking you to offer up your expertise.
Captain Stern
Nov 2021
#50