#208 Musings Beyond the Bunker (Monday November 29)
Good morning!
By now, unless you’ve been living under a rock, you have heard about the acquittal, a little over a week ago, of Kyle Rittenhouse, the 17 year old who killed two people and injured another. The crux of the case was that Mr. Rittenhouse killed in self-defense, in fear for his life.
I don’t have enough of the facts regarding the case to render judgment as if I were in the jury room and had considered all the evidence. That said, it sounds like they came to the right result. I have a number of thoughts about this trial (and others), what they say about our society, and how they are used for political purposes:
Trials are Based Upon Evidence. We must stop viewing each trial as emblematic of greater social trends and view them, instead, as trials on the merits of the particular case. Guilt or innocence is predicated upon the law and the facts. Only in rare circumstances, when we effectively are placed “at the scene of the crime” by body cameras or videos from onlookers (like the George Floyd murder), do we have enough data to reach a conclusion about the disposition of the case. To pre-judge a defendant based upon his or her race, their political position, whether they are a peace officer, the presence of a weapon, or other single factor is wrong and flies in the face of our history of jurisprudence.
Not All Trials are Bell Weathers or are Indicative of Societal Trends, Racism, or Leftist Overreach. We cannot as a society line up behind our chosen narratives whenever a case like this comes up. While this case would seem to be (depending upon one’s point of view) a vindication of self-defense or a demonstration of the brazen indifference to human life, these are mere side-bar issues to the facts of the case.
Prosecutors Often Exceed Their Prosecutorial Discretion. It is my opinion that Rittenhouse was itching for confrontation and/or saw himself as seeking to maintain justice and/or order (however he defined it). While his behavior was, in my opinion, reckless, provocative and high-risk, I don’t think this was a case of first degree murder. Had the prosecution instead to have gone after him for the lesser crimes, they would have had a better case.
Rittenhouse is Only 17 Years Old. My predisposition is that he deserved to be found guilty of something significant (subject, obviously, to my limited knowledge of the facts). I related this to my son, Jake, whom I would have expected would have felt this vigilante should have been punished. To my surprise, he was not so quick to react. He reminded me that the defendant was only a child (albeit an armed one), whom we should consider through more sympathetic eyes.
It is Difficult to Argue Against Self Defense. Because the defense is based upon the subjective belief of a person that they are in imminent danger, how can one prove that the person was not? It is, after all a belief—regardless of how unreasonable it might be.
Over-reaction Contributed to the Tragic Result. While what evidence we have been presented indicates that the victims had attacked Rittenhouse, his response seems excessive. I wonder if there was a way for him to retreat and avoid confrontation.
Provocative Behavior Contributed to the Tragic Result.. At the outset, one must ask whether open-carrying of weapons was an unnecessary invitation to others to mock or attack Mr. Rittenhouse. Was he “itching” for a confrontation? Had he considered the possible ramifications of his actions?
If Mr. Rittenhouse were Black, Would the Result have Been Different? I’ll ask the question and you can decide.
There are Too Many Guns. The prevalence of powerful weapons, especially in the hands of people under-age, of limited capacity, of limited experience and training, increases the likelihood of violence. I suspect we will see more examples of “vigilantes” openly and provocatively sporting weapons in their effort to prove a point or engage with those with whom they disagree. We have more guns. More are being. Stores are having a hard time keeping enough ammunition on the shelves (yes, hunters are having a hard time getting their annual ammo). Open carry laws expand. Constitutional attacks on states trying to limit State gun control laws are growing. There seems no limit to what the Supreme Court likely will allow. And gun-related homicides are rising in most cities. We haven’t seen the last of this.
“LET’S GO, BRANDON”
By now, most of us are familiar with this catchphrase of the anti-Biden right. Apparently, a crowd was chanting “F--- you, Biden” at a NASCAR race won by a guy named Brandon. The reporter decided to interpret this slur as the crowd yelling “Let’s go, Brandon.” This became a clever way for people to shout the offensive epithet, without being bleeped out or suffering criticism for the profanity.
This phrase has now been adopted by Ted Cruz having his picture taken with this sign, Mitch McConnell’s office retweeting a picture of the sign and lawmakers wearing masks that sport “Let’s Go, Brandon.” It seems that the GOP leadership now has descended into the muck of profanity and disrespect established by the past (and perhaps soon to be, current) authoritarian narcissist, Donald Trump. As if this weren’t enough, the GOP is now selling “Let’s Go Brandon” t-shirts and other paraphernalia with the offensive phrase on its website and through its email blasts.
When did we descend into such coarseness? And how will we get out from under this?
The founding fathers would be so proud, wouldn’t they?
Have a great day,
Glenn
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