Because defendants are presumed innocent, prosecutors generally don't get to appeal because of a judge's mistakes. Sometimes a person can be sued for civil damages, or prosecuted for a slightly different crime (like if they were acquitted of attempted murder in state court, a federal court could prosecute them for conspiracy to violate civil rights.) But I don't think that's going to happen here. The judge showed bias, but not a LOT worse than other judges. Most criminal trials are just not publicized, so different kinds of bias are less evident.
Attempts to reverse an acquittal are rare, and I think they SHOULD be rare. They're a weapon we should use selectively, when powerful people have been acquitted for reasons that are obviously grossly unfair. I think part of the reason Rittenhouse was acquitted is that the jury felt sorry for a crying 17-year-old, and I kind of want juries to be moved by pity sometimes? I don't want courts to always defer to cops or CEOs or politicians...those are the cases I think we need to push back on. Also, I think that if we're going to spend huge chunks of political capital on fighting racial bias in the courts, we should do it where the racism is more obvious. Like the McMichael case in Georgia, though I hope they will not be acquitted.
As I said elsewhere, Judge Schroeder was so blatantly biased that not only was I not surprised his meddling led to a verdict of Not Guilty, I *was* surprised he didn't offer to kiss away Rittenhouse's fake tears.
In the unlikely event the jury had done the right thing and disregarded enough of Schroeder's instructions to pull a reverse-jury-nullification and hand down a Guilty verdict, I have no doubt whatsoever that Schroeder was ready and eager to simply set aside their verdict.
Chun Woo tells me that he loves his Republican friends, he really does, but he disagrees with their politics so often, and they're so wrong about this. (Apparently they're engaged in triumphalism.)
When he was in middle school, Chun Woo was sure that I was an extremist anti-rightie.
Then during his first two years of high school he became extremely bothered by his rightwing classmates-- they were the nicest people! how could they hold the views they did! I suggested that they probably were nice to everyone they thought completely human, and that at their age it was extremely likely that most of their views came from their families and other portions of their environment, and that things could change.
I think he's settled into finding that satisfying, which I tend to think is a good thing in an environment where so many, especially jocks, are righties. Given that I trust his ability to tell a nice person from not-so-much.
Except, as has been pointed out, he's potentially even more dangerous. He's already got a job offer as a congressional aide. Whereas Zimmerman was suspiciously less white to these kinds of people.
no subject
Date: 2021-11-20 05:44 am (UTC)no subject
Date: 2021-11-20 05:57 am (UTC)no subject
Date: 2021-11-20 06:31 am (UTC)the judges behaviour has mistrial written all over it
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Date: 2021-11-20 05:06 pm (UTC)no subject
Date: 2021-11-20 08:00 pm (UTC)Attempts to reverse an acquittal are rare, and I think they SHOULD be rare. They're a weapon we should use selectively, when powerful people have been acquitted for reasons that are obviously grossly unfair. I think part of the reason Rittenhouse was acquitted is that the jury felt sorry for a crying 17-year-old, and I kind of want juries to be moved by pity sometimes? I don't want courts to always defer to cops or CEOs or politicians...those are the cases I think we need to push back on. Also, I think that if we're going to spend huge chunks of political capital on fighting racial bias in the courts, we should do it where the racism is more obvious. Like the McMichael case in Georgia, though I hope they will not be acquitted.
no subject
Date: 2021-11-20 11:25 pm (UTC)no subject
Date: 2021-11-21 01:13 am (UTC)no subject
Date: 2021-11-22 03:47 am (UTC)no subject
Date: 2021-11-20 08:08 pm (UTC)In the unlikely event the jury had done the right thing and disregarded enough of Schroeder's instructions to pull a reverse-jury-nullification and hand down a Guilty verdict, I have no doubt whatsoever that Schroeder was ready and eager to simply set aside their verdict.
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Date: 2021-11-21 03:34 am (UTC)I didn't realise judges were allowed to DO that!
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Date: 2021-11-21 06:14 am (UTC)I hadn't known about the possibility myself until it happened in the so-called "British Nanny case" involving "shaken baby syndrome": https://en.wikipedia.org/wiki/Louise_Woodward_case
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Date: 2021-11-21 08:09 pm (UTC)no subject
Date: 2021-11-20 09:43 am (UTC)no subject
Date: 2021-11-20 11:52 am (UTC)no subject
Date: 2021-11-20 01:13 pm (UTC)And the way laws are created and implemented in some states is *really fking scary*.
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Date: 2021-11-20 01:14 pm (UTC)Chun Woo tells me that he loves his Republican friends, he really does, but he disagrees with their politics so often, and they're so wrong about this. (Apparently they're engaged in triumphalism.)
no subject
Date: 2021-11-20 06:56 pm (UTC)no subject
Date: 2021-11-21 01:32 am (UTC)When he was in middle school, Chun Woo was sure that I was an extremist anti-rightie.
Then during his first two years of high school he became extremely bothered by his rightwing classmates-- they were the nicest people! how could they hold the views they did! I suggested that they probably were nice to everyone they thought completely human, and that at their age it was extremely likely that most of their views came from their families and other portions of their environment, and that things could change.
I think he's settled into finding that satisfying, which I tend to think is a good thing in an environment where so many, especially jocks, are righties. Given that I trust his ability to tell a nice person from not-so-much.
no subject
Date: 2021-11-20 01:20 pm (UTC)no subject
Date: 2021-11-20 03:14 pm (UTC)no subject
Date: 2021-11-20 04:29 pm (UTC)no subject
Date: 2021-11-20 11:34 pm (UTC)no subject
Date: 2021-11-21 10:51 pm (UTC)Yeah, appalling result, and not terribly surprising given the judge's shenanigans. :-(