The Rittenhouse Verdict

The jury's verdict in the Rittenhouse case has, unsurprisingly, been controversial. Much stems from the confluence of two issues; the use of deadly force and inequitable treatment based on race. As has been pointed out, had Rittenhouse been black instead of white, is it almost inconceivable that he would not have been arrested on the spot (or even shot by the police) rather than allowed to return home to turn himself in later. That (among other things) is one aspect of the racial component. Another might be his becoming a cause célèbre for Fox, which again would be unlikely to have happened were he a black teenager. That afforded him an expensive, high profile and well prepared legal defense team instead of an over-worked public defender.

However, those were not the questions the jury had to consider; it was asked rather to determine the very narrow question of whether someone carrying a weapon has the right to use deadly force to defend him or herself in the particular circumstances of the case. There were three different instances; in the first, Rittenhouse was chased by an unarmed man; in the second he was attacked by a man wielding a skateboard; and in the third he was threatened with a hand gun. In the first two, Rittenhouse shot and killed his assailants; the third was seriously injured. 

Rittenhouse was acquitted in all three instances. His defense was that even when being threatened or attacked by someone who was either unarmed or armed with an everyday object (a skateboard) he was  justified in fearing for his life and hence justified in using deadly force.  While it seems a stretch that he would be in fear of his life when set upon on by someone who was unarmed, the defense suggested that had Rittenhouse been overpowered, his assailant would have taken his gun and used it to shoot him.  Although to the man on the London omnibus, that seems highly unlikely, it cannot be unequivocally ruled out, which may explain the jury's verdict.  The jury also did not consider (or were not asked to consider) whether putting oneself needlessly into harm's way in a somewhat provocative manner made the claim of self-defense less robust. 

Ultimately, the verdict seems to pave the way for anyone carrying a gun to claim that the person they shot might have taken their gun and used it against them, making their killing justified based on that hypothetical scenario. A similar case concerning the killing of Ahmaud Arbery is currently underway and the same defense will almost certainly be used. Gun rights activists assert that the "Only Thing That Stops A Bad Guy With A Gun Is A Good Guy With A Gun". The problem with that philosophy is that who the good and bad guys are is in the eye of the beholder. The trajectory we appear to be on leads almost inexorably to everyone needing to carry a gun. That's not what I think of a civil society and is certainly one I don't particularity want to live in.