Frank's Musings

The prosecution in the Kyle Rittenhouse trial in Kenosha, Wisconsin, failed to stress the real issue in the case of his murder and wounding of three victims on the riot-torn streets of the city. The basic crime committed by Mr. Rittenhouse was juvenile delinquency.  He was an adolescent at the time, and he was carrying a military-style weapon illegally.  As many who were there during protests against  a questionable police action against a black victim, he really had no legitimate reason for being on the scene.  Moreover, the law correctly prohibits an underage person from carrying in public a gun of any kind.  The primary reason for that law is the supposition that a minor doesn’t have the good judgment to know how to act in stressful situations and will likely be overly impetuous when stressed. 

 The prosecution did not feature this argument in its presentation to the judge and jury.  Somehow, the latter both confused the facts in the case with their disappointment with the administration and maintenance of civic order in this country; racial discrimination did not necessarily impact on their deliberations, at all.  Without clear-eyed guidance from either the judge or the prosecution, the jury of Kenosha residents probably considered the crime from the perspective of adults who were facing potential harm to their own person with the means in hand to defend themselves, rather than as an immature joy seeker armed with a dangerous weapon in an inherently chaotic location. 

 Unfortunately, the consequences of this miscarriage of justice already include reinforcement of a trend towards vigilantism and distortion of the impact of racism on our civil society.  What the Rittenhouse case should have produced was a realization of the weakness of a child’s upbringing in a home missing strong parental guidance.