To the people upset today about the #RittenhouseVerdict let me suggest that you consider a possibility: are you sure you are right?
You base your perception of the case on certain facts. But are you certain those “facts” are actually true?
Thread
Lawyers learn to ask themselves constantly “how do I know this? And is my source of information correct?” Try that exercise for every fact you believe to be true.
For instance, you often hear that #KyleRittenhouse brought a gun across state lines.
Except there isn’t a scintilla of evidence that he did so. A Wisconsin resident stated that he gave him the gun after he arrived in Kenosha.
Sometimes a fact can also be true and distorted. You hear a constant drumbeat of “he crossed state lines.”
One serious problem is how much the media has been increasingly become part of the story—including part of the trial. Thread
As much as possible a reporter should not allow him or her self to become part of the story. Obviously that’s not always possible. If a reporter is doing an expose on human rights conditions in China and he gets captured by Chinese authorities, he’s now part of the story.
So I get that sometimes it can’t be avoided. But as much as possible it should be avoided. But now we see the media going all “Leroy Jenkins” on this.
first, the level of misinformation and disinformation coming out of the media has always been off the charts.
Let me take a moment to explain something that a lot of people don’t understand about the #RittenhouseTrail
normally there can only be one trial growing out of the events we saw on the video. I am simplifying a little, but that’s what the double jeopardy clause means
Thread
But there is an exception. Typically if the defense asks for a mistrial they are basically waiving the double Jeopardy issue. So if the prosecutor asks for a mistrial, the judge can grant it, but they can’t try the guy again.
But if the defense asks for one then the defendant can be tried again.
now sometimes, prosecutors want to have a second trial because the first isn’t going particularly well and a second trial would allow them to be more prepared for what the defense might do