Let’s try this.
I might want to bring in some additional points of view.
@Dawn and @MikeBKY. This points to the criteria for self defense.
Dawn, in line with playing Devil’s advocate…
Now, to the point.
Part of the criteria for self defense is… you have a LEGAL RIGHT TO BE WHERE YOU ARE.
It seems the argument has been, ‘He should not have been there’. The argument then becomes Rittenhouse should be prosecuted and does not have a self defense claim because he was somewhere he ‘SHOULD NOT have been’ (The SHOULD I argument).
That means the criteria for self defense is being altered.
So, if you go to the grocery store, are attacked in the parking lot and are forced to defend yourself… should you be held accountable and prosecuted because 'you should not have been there at that time and if you were not there, you would not have shot your attacker.
It does not take much to go from, Rittenhouse went to a volatile location, and he should not have been there (denying his self defense claim), to you should not have been {wherever you were} at the time you were there, because if you were not there, your attacker would not have been shot by you.
We either have criteria to adhere to for self defense, or we start allowing a fluidity in the criteria, to mutate and morph, for each and every situation and prosecutor.
So, what would a reasonable person do, when chased, with molotov cocktails being thrown at you, when they are attacking you and you are outnumbered? What would a reasonable person do if kicked in the head, hit with a skate board, and have an armed felon coming at you?
Does the claim of self defense evaporate if he was in a volatile location? Is the criteria ‘He should not have been there’?
I do think the charge regarding the carrying of a rifle by someone under 18 might stick, but that remains to be seen… but murder? Unless we are going to allow self defense criteria to be … if you were not there, you would not have had to shoot the attacker.
Being somewhere, whether prudent or smart… is not the issue, it is whether you have a legal right to be there, or so I thought.
MikeBKY, any input you can provide that might shed some illumination on the subject.
Dawn, this is something we should consider and put some thought into.