Ribetano escribió:Supongo que sabe Usted más de derecho que la Fiscalía de Wisconsin.
Cargo 6 de la acusación contra Rittenhouse
POSSESSION OF A DANGEROUS WEAPON BY A PERSON UNDER 18
The above-named defendant on or about Tuesday, August 25, 2020, in the City of Kenosha, Kenosha County, Wisconsin, being a person under 18 years of age, did go armed with a dangerous weapon, contrary to sec. 948.60(2)(a), 939.51(3)(a) Wis. Stats, a Class A Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars ($10.000), ór imprisoned not more than nine (9) months, or both.
Para saber de derecho antes hay que saber leer y está claro que en esa fiscalía no saben leer:
La ley de Wisconsin de la pradera escribió:948.60 Possession of a dangerous weapon by a person under 18.
(1) In this section, “dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.
(2)
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
(3)
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.
La ley de Wisconsin de la pradera escribió:941.28 Possession of short-barreled shotgun or short-barreled rifle.
(1) In this section:
(a) “Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a metallic cartridge to fire through a rifled barrel a single projectile for each pull of the trigger.
(b) “Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.
(c) “Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
(d) “Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
(3) Any person violating this section is guilty of a Class H felony.
941.28(4)(4) This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.
(5) Any firearm seized under this section is subject to s. 968.20 (3) and is presumed to be contraband.
La ley de Wisconsin de la pradera escribió:29.304 Restrictions on hunting and use of firearms by persons under 16 years of age.
(1) Persons under 12 years of age.
(a) Prohibition on hunting. No person under 12 years of age may hunt with a firearm, bow and arrow, or crossbow.
(b) Restrictions on possession or control of a firearm. No person under 12 years of age may have in his or her possession or control any firearm unless he or she is enrolled in the course of instruction under the hunter education program and he or she is carrying the firearm in a case and unloaded to or from that class under the supervision of his or her parent or guardian, or by a person at least 18 years of age who is designated by the parent or guardian, or is handling or operating the firearm during that class under the supervision of an instructor.
(c) Restrictions on obtaining hunting approval. Except as provided under par. (d), no person under 12 years of age may obtain any approval authorizing hunting.
(d) Restrictions on validity of certificate of accomplishment. A person under 12 years of age may obtain a certificate of accomplishment if he or she complies with the requirements of s. 29.591 (4) but that certificate is not valid for the hunting of small game until that person becomes 12 years of age.
(2) Persons 12 to 14 years of age.
(a) Restrictions on hunting. No person 12 years of age or older but under 14 years of age may hunt unless he or she is accompanied by his or her parent or guardian, or by a person at least 18 years of age who is designated by the parent or guardian.
29.304(2)(b)(b) Restrictions on possession or control of a firearm. No person 12 years of age or older but under 14 years of age may have in his or her possession or control any firearm unless he or she:
1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or
2. Is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor.
(3) Persons 14 to 16 years of age.
(a) Restrictions on hunting. No person 14 years of age or older but under 16 years of age may hunt unless he or she:
1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or
2. Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.
(b) Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she:
1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian;
2. Is enrolled in the course of instruction under the hunter education program and is carrying the firearm in a case and unloaded to or from that class or is handling or operating the firearm during that class under the supervision of an instructor; or
3. Is issued a certificate of accomplishment that states that he or she successfully completed the course of instruction under the hunter education program or has a similar certificate, license, or other evidence satisfactory to the department indicating that he or she has successfully completed in another state, country, or province a hunter education course recognized by the department.
(4) Parental obligation. No parent or guardian of a child under 16 years of age may authorize or knowingly permit the child to violate this section.
(4m) Hunting mentorship program. The prohibition specified in sub. (1) (a) and the restrictions specified in subs. (1) (b) to (d), (2), and (3) do not apply to a person who is hunting with a mentor and who complies with the requirements specified under s. 29.592.
(5) Exception.
(a) Notwithstanding subs. (1) to (3), a person 12 years of age or older may possess or control a firearm and may hunt with a firearm, bow and arrow, or crossbow on land under the ownership of the person or the person's family if no license is required and if the firing of firearms is permitted on that land.
(b)
1. In this paragraph, “ target practice" includes trap shooting or a similar sport shooting activity regardless of whether the activity involves shooting at a fixed or a moving target.
2. The restrictions on the possession and control of a firearm under sub. (1) do not apply to a person using a firearm in target practice if he or she is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian.
Después de leer estas normas vemos que la posesión por parte de un mayor de 16 años de un arma larga con cañón superior a 14 pulgadas de largo o una longitud total de 26 pulgadas es completamente legal. Al fiscal ese habrá que enviarle una de esas cartillas de "mis primeras letras".
Pero no pasa nada. Ya estamos acostumbrados a oír a los fiscales decir chorradas en juicios con intereses políticos y sin ir más lejos me acuerdo de aquello que lo de hacienda somos todos solamente es un slogan publicitario o más recientemente que las señales de tráfico muestran a la mujer en una posición de subordinación al dominio machista.
Ribetano escribió:Como dicen los expertos, es un agravante grave, ya que también está acusado de asesinato y homicidio.
Como sean igual de expertos que el fiscal la llevamos clara porque en ese lugar no se contempla el asesinato sino el homicidio en primer grado y la pena es la cadena perpetua sin que exista la pena de muerte en ese Estado por lo que no sé de qué agravante estás hablando ya que no se puede agravar la pena de cadena perpetua

Ribetano escribió:5 tiros, uno de ellos por la espalda, no es una respuesta proporcional a nada, al menos en una sociedad pacífica en que el estado ostenta el monopolio de la violencia legítima, que debe ser ejercida por funcionarios especialmente entrenados y bajo supervisión judicial.
El chaval no le ha pegado 5 tiros por la espalda a nadie pero claro hay que inventar porque la realidad no conviene al discurso.
En cualquier Estado se contempla la legístima autodefensa aunque cuando cada uno tengamos 20 agentes guardando nuestra vivienda entenderé que el monopolio de la violencia sea completamente del Estado pero mientras tanto se debe permitir su uso particular en situaciones de riesgo.