Kenosha Shooting was self-defense

Discussion in 'Politics' started by Daxtrader, Aug 27, 2020.

  1. He will be hailed a hero in prison. He’s not going to prison.
     
    #31     Aug 27, 2020
  2. gwb-trading

    gwb-trading

    I don't see how this statue applies to this case.
     
    #32     Aug 27, 2020
  3. easymon1

    easymon1

    #33     Aug 27, 2020
  4. Cuddles

    Cuddles

    breaking curfew
    crossing state boundaries to engage in mayhem
    crossing weapons as a minor
    discharging weapons in public

    no need to tack on the homicide bits
     
    #34     Aug 27, 2020
  5. easymon1

    easymon1

    #35     Aug 27, 2020
  6. gwb-trading

    gwb-trading

    Yet you have the police thanking him for being there and giving him water.
    If the police believe he and his companions were breaking any laws then the police would have asked them to stop or arrested them.
     
    #36     Aug 27, 2020
  7. Cuddles

    Cuddles

    we've been saying the police are thugs and criminals for a while. It's why over 80% vote for the criminal in office.
     
    #37     Aug 27, 2020
  8. LS1Z28

    LS1Z28

    If I'm interpreting this correctly, actively committing a crime doesn't nullify the entire self defense law. It just nullifies the (ar) portion of the law which addresses presumption that force is necessary to prevent death or great bodily harm during a break in. I don't believe that this portion of the law would even apply to an altercation that occurs on the street.

    https://law.justia.com/codes/wisconsin/2014/chapter-939/section-939.48
    939.48  Self-defense and defense of others.

    939.48(1)(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.

    939.48(1m)(1m) 

    939.48(1m)(a)(a) In this subsection:

    939.48(1m)(a)1.1. "Dwelling" has the meaning given in s. 895.07 (1) (h).

    939.48(1m)(a)2.2. "Place of business" means a business that the actor owns or operates.

    939.48(1m)(ar) If an actor intentionally used force that was intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat before he or she used force and shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if the actor makes such a claim under sub. (1) and either of the following applies:

    939.48(1m)(ar)1.1. The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of business, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that an unlawful and forcible entry was occurring.

    939.48(1m)(ar)2.2. The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business.

    939.48(1m)(b) The presumption described in par. (ar) does not apply if any of the following applies:

    939.48(1m)(b)1.1. The actor was engaged in a criminal activity or was using his or her dwelling, motor vehicle, or place of business to further a criminal activity at the time.
     
    #38     Aug 27, 2020
  9. Self defense, his life was in danger.
     
    #39     Aug 27, 2020
  10. easymon1

    easymon1

    #40     Aug 27, 2020
    traderob likes this.