“Today, Democrats are celebrating making insulin and childcare more affordable. Republicans are celebrating a vigilante who posed as a medic while killing two people walking free.”
–Brian Tyler Cohen
“Christians are celebrating Kyle’s verdict. Apparently they forgot the whole ‘thou shall not kill’ part of that book they never read.”
—SHEsus_Christ
“We found a boy innocent, and in doing so, proved an institution guilty. If the cops can’t protect us, why do we keep buying them tanks? The final verdict is that a ‘good guy with a gun’ makes civil discourse into lethal discourse. But thank God all the dumpsters are safe now.”
—Indecline
“Usually I roll my eyes whenever someone writes ‘AmeriKKKa’ but honestly, who are we kidding?”
—Francesca Fiorentini
“Lawyers don’t piss me off they’re just doing their job. What pisses me off are asshole judges. What pisses me off are fucking stupid juries. What pisses me off is a human’s cowardice when it comes time to actually discipline somebody else and take responsibility for whatever charges will fall upon them. It’s easier to let somebody get off than it is to be responsible for putting them in prison for the rest of their lives. Well, unless they’re black …”
—Louis Warfield
“Your honor it’s not a hit list it’s the names of people who might scare me while I’m armed.”
—Curtis Cook
I’m
attempting to recreate the Sunday morning Newspaper experience today and failing miserably.
Do we have newspapers anymore?
Even dog moved her chewable bed to the hallway and won’t bring me slippers.
I’m plunging through the reactions to the Rittenhouse acquittal this past week, feeds are full.
The one below is also floating around – I think the worry now in our country of guns is wat will happen next?
Read all of this post. It was written a year ago and explains something I didn’t know:
The judge threw out the weapons charge. This 17 year old illegally brought this rifle across state lines. Having committed that crime, he would not be allowed to claim self defense. The judge set it up to allow a self defense plea.
That white child is not a medic. That white child committed multiple crimes, including murder. That white child got away with it.
From a military legal worker:
I’m seeing a lot of ignorance and misinformation flying around about what happened in Kenosha, and I’m going to set the record straight from a professional legal position… as well as from a former military position. I’m going to explain some things from a more technical angle derived from my many years as a paralegal and from my experience working in federal criminal justice and prosecution.
Legally, if you are in the process of a commission of a crime, it negates your ability to claim self defense if you kill someone. As in, it can’t even be entered as your official defense in court. It is similar to getting rear-ended at a red light through zero fault of your own, but you were driving without a license or insurance. It automatically makes you at fault because you weren’t even legally allowed to be driving.
That 17 year old in Kenosha had committed two crimes and was not even legally allowed to open carry the rifle he used to shoot three people. This means that he legally cannot claim self defense.
Another key discussion is the Castle Doctrine. Some of you may be vaguely familiar with it, as it is what allows you to use deadly force when someone comes into your house unlawfully, etc. But there are some finer points most people don’t realize that you generally have to do some formal legal studies to know.
First, as soon as someone sets foot inside the threshold of your home uninvited that you believe intends to commit a crime, you can legally use deadly force and it is immediately considered self defense, even if they haven’t made any violent threats or actions towards harming you.
This is because in every instance outside your home, you are required to retreat and extricate yourself from a dangerous situation if possible. It is a legal mandate, not a suggestion. Your home is considered the final retreat point, and legally you should be safe in your “Castle.” There is nowhere else to retreat to, etc. This is why you are able to immediately use deadly force.
However, it is NOT to protect your property, it is for protecting your LIFE. And once the burglar, for instance, has left your home… the threat to your life is considered neutralized, and deadly force is no longer authorized. So if a burglar runs out the door and down the street with your TV, you are no longer allowed to shoot after them because they are not threatening your life. You call the police, you file a claim with your insurance, and you get a new TV. If you shoot a burglar in the back down the street, you can and should be charged with murder.
While you are out in PUBLIC, this means a lot of things obviously. It means that there is far more scrutiny and boxes that must be checked in order to claim self defense. You must be in IMMINENT danger of losing life and limb. Getting into an argument and feeling scared of being punched by an unarmed person? Not likely to be a situation where deadly force is authorized. You MUST retreat.
If someone shoots at you or pulls a knife on you in the street, that is deadly force and can be met with deadly force. But if the person is unarmed, you cannot shoot them because you’re afraid of a little scuffle. That is why Rittenhouse illegally shot the first protester, and it is one of the many reasons it cannot be considered self defense. The man threw a plastic bag with trash in it at him AND MISSED, and Rittenhouse shot him. He chased his victim and instigated a fight by brandishing and flagging people with his rifle, because he is an untrained idiot with a gun. The protester was not a threat, and even if he was, all he had to do was retreat back to the police line. He rushed at protesters with a gun drawn to pick a fight, and people are acting as if he were just there to keep the peace.
He fired INTO A CROWD, and it’s a miracle he didn’t hit more people. More people that hadn’t thrown a plastic bag. More people that were just trying to protest police brutality, which is a real issue in this country.
And then when he did finally run away, some more protesters attempted to subdue him after he had already murdered someone, he tripped, and shot two people trying to stop him from shooting others.
The fact that the police didn’t arrest him and take him into custody right then and there, even if they suspected it could be self defense, is a grave issue with that police department.
I could further dissect this situation, but for now I’m going to end with people passing around misinformation about the victims being “criminals so they deserved it.”
First, there are no actual records of Jacob Blake or the people shot by Rittenhouse being in the official sex offender’s registry. None of them raped a 14 year old girl years ago, that is complete fabrication being purposely spread by right wing extremist sites in order to try and justify the shootings.
Jacob Blake was indeed awaiting trial for sexual assault and trespassing, and did have a warrant for his arrest. It was not assault on a child, because that is a different charge with a different title. On the charging document, it would literally say that it was against a child. From what is publicly known, he allegedly broke into an ex girlfriend’s house and allegedly assaulted HER, but he is innocent until proven guilty, and still deserves his day in court. He could truly be innocent.
Rittenhouse’s victims do not appear to have had any record, and even if they did, he couldn’t have known that at the time. You cannot insist a shoot was justified AFTER the fact because “that person was a criminal.” Criminals have rights too, whether you like it or not, and it is enshrined in the very documents that built our country. If you don’t like the constitution and bill of rights, I don’t know what to tell you.
This is also not MY OPINION, this is literally how the criminal justice system and our laws work. I hold a degree in paralegal studies and served 8 years as an Army paralegal. I’ve worked for the criminal division in the Chicago US Attorney’s Office, and currently work in federal law enforcement. This is what I do for a living, and I am not pulling this out of my ass, and my knowlege is a culmination of working in the field and being passionate about justice for 16 years. I’d be happy to send you sources and opines and case law and statutes if you need it. I did not get this from “mainstream media,” and I am not brainwashed by the left. I’m an independent progressive.
May he face justice for what he did, and may we find a way to get on common ground before more fuses to this powder keg are lit.
This has been my Ted Talk.
—Larry Knight, 2 September 2020
—steve mehallo
Flommist Steve Mehallo is a graphic designer, illustrator, font designer, educator, foodie and gadfly. He is the creator and founder of FLOMM! Additional contributions by Louis, Lily and Malmberg.
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