Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: thegagline

First of all, the prosecution has to prove all the elements of the charged crime are met beyond a reasonable doubt. If the prosecution can’t get there, there is no case.

The defense argument for an affirmative defense is just another way of stating defendant had a constitutional and statutory defense to the charge. The defense only has to prove one of the defenses, and only by a preponderance of the evidence.

The prosecution is screwed seven ways to Sunday.

Even if convicted on a minor charge, there will be a mistrial on that charge and the prosecution won’t bother to return that minor charge.


41 posted on 11/12/2021 1:56:13 PM PST by WASCWatch ( WASC)
[ Post Reply | Private Reply | To 4 | View Replies ]


To: WASCWatch

No, you are lying.

If Rittenhouse does not raise the affirmative defense of self-defense, the trial would already be over and he would be on his way to prison for many decades.

Smarten up.


51 posted on 11/12/2021 2:07:21 PM PST by Az Joe ("Scratch a Liberal, and a Fascist bleeds")
[ Post Reply | Private Reply | To 41 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson