THREE CHEERS FOR THE JURY – OVERNIGHT: Law Professor Jonathan Turley reminds us that it was the jury in the Kyle Rittenhouse case that stood strong against mob rule, twisted journalism, and chilling threats. Give them credit. From USA Today:
The full acquittal of Kyle Rittenhouse is now in. The result was hardly a surprise to many of us who watched the trial rather than the media coverage. The jury spent days carefully considering the evidence and could not find a single count that was supported beyond a reasonable doubt.
In rendering its verdict, the jury fulfilled its core function in our legal system. The jury was designed to protect an individual from becoming the grist of a criminal justice system. As the Supreme Court noted in Duncan v. Louisiana (1968):
"Providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge."
The American jury is designed to stand between the mob and a defendant; between the government and the accused. The thin line of a dozen citizens can prove the most unassailable wall for justice in our system.
There was, however, a second verdict in that courtroom for those who have been maintaining a distorted or incomplete account to this trial. From the outset, politicians and media figures insisted that this was a case of murders committed by a white supremacist. Then-presidential candidate Joe Biden labeled Rittenhouse a “white supremacist” in a tweet showing his photo and demanded to know why then-President Donald Trump did not “disavow white supremacists.” Much of the media followed suit with an echo chamber of coverage that led some people to believe that these were essentially executions on the streets of Kenosha. Columnist Elie Mystal called the trial a sham.
The pressure clearly had an impact on the prosecution, which overcharged Rittenhouse (including with a count that was invalid). The case began to fall apart as the prosecution called its witnesses, who contradicted the core elements of these charges.
What happened next was even more chilling. Faced with a collapsing case in court, many of the same media outlets struck out at the judge, the jury, and the legal system. MSNBC host Tiffany Cross advocated for the judge's removal. Rittenhouse was mocked for his "male, white tears" on national television. Georgetown law professor Paul Butler called the trial “white privilege on steroids.”
COMMENT: Please read the whole thing. You'll get a good education in the jury system and how it saved the day in Kenosha. And you will see demonstrated once more the danger that a reckless press poses for American society.
November 20, 2021 |