Kent350787 wrote:Out of interest to a non-American - what is the appeal pathway for this case? From what is being reported here, an aquittal would lead to an appeal on myriad grounds.
Nothing, he was acquitted and is protected by double jeopardy which is a protection outlined in the 5th amendment of the US constitution.
You can appeal a conviction but not an acquittal. While this might not seem fair it prevents DA's or the crown (what its called in Australia) from trying the same case again and again with essentially unlimited resources just to get a defendant. Laws like this are what separates the western democracies from the dictatorships.
I would assume Australia has a similar legal standing that prevents an acquitted defendant from being tried again and again.
flyingclrs727 wrote:casinterest wrote:The Civil lawsuits against Kenosha and Rittenhouse will be interesting to see.
As for this ruling, it comes down to bad police work, and over charging by the prosecutor.
The wrongful death suits will probably be forthcoming.
What civil lawsuits? Wrongful death? The defendant just successfully used a self-defense plea. Claiming self-defense puts the burden of proof on the defense.
Civil law has a much lower burden of proof than criminal law and I can see those lawsuits being somewhat successful. Especially as its likely that Rittenhouse is in a position to profit from this case in terms of media appearances and a potential book deal.
OJ Simpson was deemed liable in subsequent civil trials after his acquittal in 1995.
casinterest wrote:The Civil lawsuits against Kenosha and Rittenhouse will be interesting to see.
As for this ruling, it comes down to bad police work, and over charging by the prosecutor.
The wrongful death suits will probably be forthcoming.
Prosecutors have to stop overcharging in high profile cases when the charge is over the top. In no way was this second degree murder. I am honestly surprised they got this conviction with Derek Chauvin.
Had they charged him with involuntary manslaughter they might have got him to take a deal and avoid a trial altogether and it would have been much easier to convince a jury that Rittenhouse was negligent over a cold blooded murderer.
Last edited by
StarAC17 on Fri Nov 19, 2021 8:11 pm, edited 3 times in total.