Don’t Attack the System, Change the Law

From Madison’s (former) Mayor Dave:

I am not celebrating Kyle Rittenhouse’s acquittal on five charges last week.

Rittenhouse should not have been in Kenosha in the first place and he most definitely should not have been carrying an AR-15. In my view, nobody should be carrying an assault rifle. Their sale and possession should be banned outside of the military.

But as John Gross, Director of the Public Defender Project at UW-Madison, has pointed out, the problem was not the jury, but the law. Gross argued in a Sunday oped in the Wisconsin State Journal that the jury correctly applied Wisconsin law with regard to self-defense. That law requires the prosecution to prove beyond a reasonable doubt that the defendant was not acting in self-defense. That’s a high bar and the prosecution in this case didn’t meet it.

The jury did not say that Rittenhouse was innocent or that he showed good judgment or that he was a good person. They simply concluded that he was not guilty, beyond a reasonable doubt, of the charges brought against him. So, it’s important not to read too much into this.

Rather than pointing to the Rittenhouse verdicts as another example of how our system failed, we should see it as our system working remarkably well. The question before the jury was not about the First Amendment or the Second Amendment or Black Lives Matter or vigilantism or any other hot-button culture wars issues that commentators on Fox or MSNBC wanted to make it out to be. The question was a narrow one carefully defined in law. The jury took its time and reached a more than defensible legal conclusion.

If you don’t like the result — and I don’t — then the answer is to change the law, not to throw out or defame our system of justice.