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by American Salvation » Thu Dec 09, 2021 3:35 am
by Gravlen » Thu Dec 09, 2021 3:36 am
Novus America wrote:Gravlen wrote:That's skipping over the most salient question though:
If he were black, would he have gotten to the trial, intact or otherwise? Would all the details have been the same? This question spans the gamut from whether he'd be alive after the incident, to whether he would have a similar amount of funds raised for his defence, to whether he would have been allowed to go free on bail pending trial, to whether he would have succumbed to (more) pressure to take a plea deal.
The color of his skin has the potential to factor into so many things prior to getting to trial, even before we get to the question of whether the jury would have come to a different conclusion. It will for all time remain speculation, but considering the realities of the US criminal justice system, I do find it plausible that being Black could potentially have led to a different outcome at almost every single step along the way.
But this is pure speculation.
Novus America wrote:We do not know just based on this case alone. It would be better to actually look at cases where a black individual claimed self defense then look at a very similar case when a white person claimed it the speculate what would happen if Rittenhouse were black.
Novus America wrote:Now if you can find a cases with very similar facts except the person claiming self defense was black but was found guilty instead it might make an interesting comparison. Or perhaps someone could do a detailed study of what percentage of people claiming self defense are convicted, broken down by race. If you have such study I would very much like to see it.
The Urban Institute found that in “stand your ground” states, when white shooters kill black people, 34 percent of the resulting homicides are deemed justifiable. Only 3 percent of deaths are ruled justifiable when the shooter is black and the victim is white. Even when black shooters kill black people, those shootings are less likely to be deemed justifiable in a court of law than those involving white shooters who kill white people.
With respect to race, controlling for all other case attributes, the odds a white-on-black homicide is found justified is 281 percent greater than the odds a white-on-white homicide is found justified. By contrast, a black-on-white homicide has barely half the odds of being ruled justifiable relative to white-on-white homicides. Statistically, black-on-black homicides have the same odds of being ruled justifiable as white-on-white homicides.
Novus America wrote:But why this one particular case out of all self defense cases?
Novus America wrote:And if black people are unfairly treated in self defense cases (very likely but I would like more data) why not find a case where the person claiming self defense is black?
Novus America wrote:Also the response here was bizarrely incoherent.
Novus America wrote:If the purpose is to ensure black individuals get a fair trial in self defense cases, how exactly would jailing Rittenhouse achieve it?
Novus America wrote:The individuals calling for his head were often saying the justice system discriminates against black people, which very well may be true, but it it is a complete non sequitur to think jailing him achieves it. I found it bizarre some people calling for an end to to mandatory minimum sentencing, ending mass incarceration, etc. wanted him jailed for life and made the two related.
As a public defender and a Black woman, I find myself asking now more than ever: “How does the criminal system and mass incarceration continue to expand and worsen despite all these people opposing it?” I’ve come to think it is because everyone is more aligned than we think. We have been educated by the same popular culture — taught to accept the same cruelty as the status quo.
It might seem cliche to blame societal ills on the media, but the relationship between our country’s comfort with mass caging and the depiction of crime and punishment that we see in popular culture seems more than coincidental. Media consumption is what we all have in common. It’s why even my mother, who lives in The Bahamas, often tells me “some people belong under the jail,” or that “some people are just evil, Olayemi.” She, too, has spent years watching Law & Order: SVU.
I see this connection most clearly when I think about the interactions I’ve had with a wide cross-section of actors in the criminal legal system. Regardless of where people fall on the spectrum of support for change, they seem to operate on a shared set of assumptions so embedded in our culture that we hardly notice they exist.
I think about the Queens district attorney, Melinda Katz, who declined to charge an officer who kneeled on the neck of my client, SirCarlyle Arnold, despite stating that she “supported the spirit” of the Say Their Name Reform Bill, which promised New Yorkers an end to the NYPD’s use of illegal choke holds and neck restraints. I think about why Mayor de Blasio condemned the officer who killed George Floyd but refused to have the officer who killed Eric Garner fired or charged.
I think about the many times self-proclaimed progressives have asked me how I can sleep at night representing guilty people, never thinking about the fact that the people I represent are usually profiled, arrested, and incarcerated for crimes of poverty and behavior that simply wouldn’t be criminalized if they weren’t poor people of color.
I think about apparent allies I saw protesting police brutality, tweeting about how no innocent person would refuse the police and only guilty people get a lawyer.
We’re taught to fear and dislike the people caught in the crossfires of the criminal legal system, rather than to fear the system that inflicts pain on them. We are taught there are bad people who were just born bad, who do bad things, and that the only way to keep the good people safe is for police to do whatever they can to lock the bad people away.
Novus America wrote:So what was the objective of trying to digitally lynch him? How did that relate to the goals people claiming to be racial justice advocates were claiming to advance? How does throwing a white guy who killed two other white guys in jail actually in any way improve things for black people?
That is my issue, I am perfectly fine with discussing if black people get fair treatment in self defense cases, and if not how to ensure they get more fair treatment.
But I fail to see how jailing Rittenhouse would achieve that. And do not see how his case on its own actually is informative, unless we can compare it to a very similar case in which a black person was found guilty. I do not advocate unfairly accusing and jailing white people just because black people are often unfairly accused or jailed. I suppose making the justice system worse for white people would in a way make it more equal, but I fail to see why making it overall worse to make it more equally bad is a good idea.
by Gravlen » Thu Dec 09, 2021 3:50 am
Haganham wrote:Novus America wrote:
But this is pure speculation. We do not know just based on this case alone. It would be better to actually look at cases where a black individual claimed self defense then look at a very similar case when a white person claimed it the speculate what would happen if Rittenhouse were black.
Now if you can find a cases with very similar facts except the person claiming self defense was black but was found guilty instead it might make an interesting comparison. Or perhaps someone could do a detailed study of what percentage of people claiming self defense are convicted, broken down by race. If you have such study I would very much like to see it.
Can't find the case, but I believe around the time of the Zimmerman case there was a case in new york where a black man shot at three unarmed white teens who were fleeing, claimed self defense and got off. That is worse then comparable.
Around 1 a.m. on June 14, 2020, 21-year-old Marc Wilson, who is Black, and his 21-year-old girlfriend, Emma Rigdon, who is white, left a Taco Bell in Statesboro, Georgia. At a stoplight, they pulled up next to a pickup truck. Wilson’s lawyers say that at least one of the white teenagers inside the truck shouted the n-word and “your lives don’t matter.”
Wilson later told police that the teenagers in the pickup truck swerved in front of him, tried to knock his sedan off the highway, and threw an object that impacted the car with a loud sound that made him think they might be shooting at him. Wilson pulled out a gun and fired out his window at the truck. The bullet struck and killed 17-year-old Haley Hutcheson, who was sitting in the pickup’s backseat.
Prosecutors charged him with felony murder and aggravated assault, which carry a maximum sentence of life in prison and the possibility of the death penalty. Wilson claimed self-defense.
Wilson was denied bail because Ogeechee Judicial Circuit Court Judge Michael Muldrew concluded that he “poses a significant threat” to the community.
According to the Vera Institute, being held before trial actually increases the chance that you'll be convicted and also increases your sentence.
by Galloism » Thu Dec 09, 2021 7:01 am
Gravlen wrote:<snippity>
by Gravlen » Thu Dec 09, 2021 8:14 am
Galloism wrote:Gravlen wrote:<snippity>
Given the case of Rittenhouse was intra-race (white on white), I'd suggest a better analogue would be the case of Demarco Williams (which appears to be black on black). It also matches in another way - the prosecution made a similar argument that he willingly put himself in a dangerous place and thus doesn't get self defense.
Here's an article on the case and a slightly more expansive read of the case.
Now he had an illegal gun (unlike Rittenhouse), but to self defense, that doesn't matter all that much. The jury found him not guilty.
by Galloism » Thu Dec 09, 2021 9:00 am
Gravlen wrote:Galloism wrote:Given the case of Rittenhouse was intra-race (white on white), I'd suggest a better analogue would be the case of Demarco Williams (which appears to be black on black). It also matches in another way - the prosecution made a similar argument that he willingly put himself in a dangerous place and thus doesn't get self defense.
Here's an article on the case and a slightly more expansive read of the case.
Now he had an illegal gun (unlike Rittenhouse), but to self defense, that doesn't matter all that much. The jury found him not guilty.
On the other hand, I mentioned Marissa Alexander above. Both her and Rico Gray, her husband, were Black. Alexander fired a warning shot when Gray threatened to kill her. She tried to argue that it was self defense, but was found guilty of aggravated assault with a deadly weapon.
(Had she killed him, she would not have been prosecuted because of the Florida Stand Your Ground statute.)
This case was overturned on appeal, but under the threat of a retrial where the prosecutor would be seeking three consecutive 20 year sentences for her actions, she pled out.
by GuessTheAltAccount » Thu Dec 09, 2021 9:04 am
Galloism wrote:Gravlen wrote:On the other hand, I mentioned Marissa Alexander above. Both her and Rico Gray, her husband, were Black. Alexander fired a warning shot when Gray threatened to kill her. She tried to argue that it was self defense, but was found guilty of aggravated assault with a deadly weapon.
(Had she killed him, she would not have been prosecuted because of the Florida Stand Your Ground statute.)
This case was overturned on appeal, but under the threat of a retrial where the prosecutor would be seeking three consecutive 20 year sentences for her actions, she pled out.
Well, just so you know, warning shots are almost universally illegal.
If you are in a position to deliberately fire a warning shot (as opposed to shooting and missing), then you are almost certainly not facing imminent death or great bodily harm (or you would have shot the person attacking you). You may not agree with this, but this has been the practical effect of the reasonable person standard and imminent death/great bodily harm for... I dunno, longer than I've been alive anyway.
The facts are substantively different, and will lead to different results.
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by Galloism » Thu Dec 09, 2021 9:08 am
GuessTheAltAccount wrote:Galloism wrote:Well, just so you know, warning shots are almost universally illegal.
If you are in a position to deliberately fire a warning shot (as opposed to shooting and missing), then you are almost certainly not facing imminent death or great bodily harm (or you would have shot the person attacking you). You may not agree with this, but this has been the practical effect of the reasonable person standard and imminent death/great bodily harm for... I dunno, longer than I've been alive anyway.
The facts are substantively different, and will lead to different results.
That law then needs to be changed ASAP. Warning shots could save lives if embraced. Why should someone have to wait until it's their own life or their assailant's before alerting one's assailant that one has both a gun and ammunition for the gun?
by Ifreann » Thu Dec 09, 2021 9:46 am
GuessTheAltAccount wrote:That law then needs to be changed ASAP. Warning shots could save lives if embraced. Why should someone have to wait until it's their own life or their assailant's before alerting one's assailant that one has both a gun and ammunition for the gun?
by Elwher » Thu Dec 09, 2021 9:51 am
GuessTheAltAccount wrote:Galloism wrote:Well, just so you know, warning shots are almost universally illegal.
If you are in a position to deliberately fire a warning shot (as opposed to shooting and missing), then you are almost certainly not facing imminent death or great bodily harm (or you would have shot the person attacking you). You may not agree with this, but this has been the practical effect of the reasonable person standard and imminent death/great bodily harm for... I dunno, longer than I've been alive anyway.
The facts are substantively different, and will lead to different results.
That law then needs to be changed ASAP. Warning shots could save lives if embraced. Why should someone have to wait until it's their own life or their assailant's before alerting one's assailant that one has both a gun and ammunition for the gun?
by Kalaron » Thu Dec 09, 2021 12:48 pm
Elwher wrote:GuessTheAltAccount wrote:That law then needs to be changed ASAP. Warning shots could save lives if embraced. Why should someone have to wait until it's their own life or their assailant's before alerting one's assailant that one has both a gun and ammunition for the gun?
Firing a warning shot leads to a bullet flying through the air without any control over who or what it might hit, which could well lead to the death of a person having nothing to do with the situation as opposed to the person allegedly threatening the shooter. I, for one, find that outcome rather troubling.
by American Legionaries » Thu Dec 09, 2021 12:50 pm
GuessTheAltAccount wrote:Galloism wrote:Well, just so you know, warning shots are almost universally illegal.
If you are in a position to deliberately fire a warning shot (as opposed to shooting and missing), then you are almost certainly not facing imminent death or great bodily harm (or you would have shot the person attacking you). You may not agree with this, but this has been the practical effect of the reasonable person standard and imminent death/great bodily harm for... I dunno, longer than I've been alive anyway.
The facts are substantively different, and will lead to different results.
That law then needs to be changed ASAP. Warning shots could save lives if embraced. Why should someone have to wait until it's their own life or their assailant's before alerting one's assailant that one has both a gun and ammunition for the gun?
by Galloism » Thu Dec 09, 2021 12:51 pm
American Legionaries wrote:GuessTheAltAccount wrote:That law then needs to be changed ASAP. Warning shots could save lives if embraced. Why should someone have to wait until it's their own life or their assailant's before alerting one's assailant that one has both a gun and ammunition for the gun?
There are no laws against shouting "I have a gun and ammunition for my gun"
by American Legionaries » Thu Dec 09, 2021 12:53 pm
by Galloism » Thu Dec 09, 2021 12:54 pm
by American Legionaries » Thu Dec 09, 2021 12:57 pm
by Hurtful Thoughts » Thu Dec 09, 2021 1:37 pm
Gravlen wrote:Kalaron wrote:So, I've been thinking about the case, and I actually question the logic of the "If he were black" arguement?
If he were black, and presuming he got to the Trial intact and that all details are otherwise the same, then the case seems like it'd let a Black Defendant off *really fast*. Like, he'd have been chased by a dude who had screamed racial slur ladden threats while he pleaded with him to not chase him, then after being forced to shoot, he was chased by a *mob* (I doubt I need to clarify, but the argument "I was being chased by a lynch mob" comes to mind) and attacked by two other individuals who assumed that he was the Agressor and decided to physically strike him as though they were law enforcement figures, and not just men in a riot.
I grok that juries and judges are people, they're often crap at consistency, but it feels like for the race arguement to work there'd need to be way lesser charges from the start?
That's skipping over the most salient question though:
If he were black, would he have gotten to the trial, intact or otherwise? Would all the details have been the same? This question spans the gamut from whether he'd be alive after the incident, to whether he would have a similar amount of funds raised for his defence, to whether he would have been allowed to go free on bail pending trial, to whether he would have succumbed to (more) pressure to take a plea deal.
The color of his skin has the potential to factor into so many things prior to getting to trial, even before we get to the question of whether the jury would have come to a different conclusion. It will for all time remain speculation, but considering the realities of the US criminal justice system, I do find it plausible that being Black could potentially have led to a different outcome at almost every single step along the way.
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by Gravlen » Thu Dec 09, 2021 1:47 pm
Kalaron wrote:Elwher wrote:
Firing a warning shot leads to a bullet flying through the air without any control over who or what it might hit, which could well lead to the death of a person having nothing to do with the situation as opposed to the person allegedly threatening the shooter. I, for one, find that outcome rather troubling.
I can see the logic of both conclusions, though I figure it really ought to still hinge a little on the reasonableness of the threat itself, given that we have a literal term for "making a threatening noise to ward off attackers" (saber-rattling, effectively, is a sign of someone who is unsecure in their position) which hooks pretty well into the thought process of someone in the moment not dropping immediately into "murder that (wo)man", even if they've been threatened by someone. Especially if that person isn't in "imminent danger range" but is advancing on them, still, despite warnings (perhaps believing, even, that they won't be shot. Young men often exhibit a sense of immortality, as they say).
by Galloism » Thu Dec 09, 2021 2:07 pm
American Legionaries wrote:Galloism wrote:Most likely, yes.
When I was younger I was taught to put a round or two through the door if someone attempted to force entry. The reasoning being that a round passing through the door would be less likely to be fatal, and more likely to simply cause a disengagement, while maintaining plausible deniability under questioning.
by Galloism » Thu Dec 09, 2021 2:08 pm
Gravlen wrote:Kalaron wrote:I can see the logic of both conclusions, though I figure it really ought to still hinge a little on the reasonableness of the threat itself, given that we have a literal term for "making a threatening noise to ward off attackers" (saber-rattling, effectively, is a sign of someone who is unsecure in their position) which hooks pretty well into the thought process of someone in the moment not dropping immediately into "murder that (wo)man", even if they've been threatened by someone. Especially if that person isn't in "imminent danger range" but is advancing on them, still, despite warnings (perhaps believing, even, that they won't be shot. Young men often exhibit a sense of immortality, as they say).
Now it hinges on the intent of the person pulling the trigger.
Person A feels under threat by person B, who's threatening to kill them. Person A fires a round in order to stop person B from advancing on them. The round misses person B.
When asked why they fired their gun, one variant of person A says that they wanted to stop the threat, and the best way to do that was to shoot with the intention of killing person B. That variant is free to go.
Asked the same question, a different variant of person A says that they wanted to stop the threat, and the best way to do that was to shoot with the intention of warning off person B. This variant is sentenced to 60 years in prison.
by American Legionaries » Thu Dec 09, 2021 2:10 pm
Galloism wrote:American Legionaries wrote:
When I was younger I was taught to put a round or two through the door if someone attempted to force entry. The reasoning being that a round passing through the door would be less likely to be fatal, and more likely to simply cause a disengagement, while maintaining plausible deniability under questioning.
That's a really bad idea.
If the door is locked and reasonably likely to maintain its hold in the "imminent" future, shooting through the door is unlikely to be considered self defense against a threat reasonably likely to make a reasonable person to face imminent death or great bodily harm. This would likely be aggravated assault, at a minimum.
by Kalaron » Thu Dec 09, 2021 2:10 pm
Gravlen wrote:Kalaron wrote:I can see the logic of both conclusions, though I figure it really ought to still hinge a little on the reasonableness of the threat itself, given that we have a literal term for "making a threatening noise to ward off attackers" (saber-rattling, effectively, is a sign of someone who is unsecure in their position) which hooks pretty well into the thought process of someone in the moment not dropping immediately into "murder that (wo)man", even if they've been threatened by someone. Especially if that person isn't in "imminent danger range" but is advancing on them, still, despite warnings (perhaps believing, even, that they won't be shot. Young men often exhibit a sense of immortality, as they say).
Now it hinges on the intent of the person pulling the trigger.
Person A feels under threat by person B, who's threatening to kill them. Person A fires a round in order to stop person B from advancing on them. The round misses person B.
When asked why they fired their gun, one variant of person A says that they wanted to stop the threat, and the best way to do that was to shoot with the intention of killing person B. That variant is free to go.
Asked the same question, a different variant of person A says that they wanted to stop the threat, and the best way to do that was to shoot with the intention of warning off person B. This variant is sentenced to 60 years in prison.
by Gravlen » Thu Dec 09, 2021 2:18 pm
Galloism wrote:Gravlen wrote:Now it hinges on the intent of the person pulling the trigger.
Person A feels under threat by person B, who's threatening to kill them. Person A fires a round in order to stop person B from advancing on them. The round misses person B.
When asked why they fired their gun, one variant of person A says that they wanted to stop the threat, and the best way to do that was to shoot with the intention of killing person B. That variant is free to go.
Asked the same question, a different variant of person A says that they wanted to stop the threat, and the best way to do that was to shoot with the intention of warning off person B. This variant is sentenced to 60 years in prison.
I mean, a lot of crimes (or their status as non crimes) hinge on the intent of the person being accused. It's kind of the whole idea behind mens rea.
by Kalaron » Thu Dec 09, 2021 2:20 pm
Gravlen wrote:Galloism wrote:I mean, a lot of crimes (or their status as non crimes) hinge on the intent of the person being accused. It's kind of the whole idea behind mens rea.
Yeah, and the principle is that the more criminal and damaging your intent is, the more punishment you should recieve. Here we flip the principle completely on it's head, and reward those with the kind of intention criminal law usually frowns upon and tries to disincentivize while punishing those who're trying to do the least amount of harm.
by GuessTheAltAccount » Thu Dec 09, 2021 2:44 pm
American Legionaries wrote:GuessTheAltAccount wrote:That law then needs to be changed ASAP. Warning shots could save lives if embraced. Why should someone have to wait until it's their own life or their assailant's before alerting one's assailant that one has both a gun and ammunition for the gun?
There are no laws against shouting "I have a gun and ammunition for my gun"
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