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Rittenhouse prosecution may ask jury to consider lesser charges

AP: “Prosecutors in Kyle Rittenhouse’s murder trial could ask the jury to consider lesser charges when it gets the case, a move that could secure a conviction for some crime but take a possible life sentence off the table. Kenosha County Assistant District Attorney Thomas Binger has struggled to counter Rittenhouse’s self-defense arguments during the Illinois man’s trial, raising questions about whether his office overcharged Rittenhouse. Daniel Adams, a former Milwaukee County assistant DA who isn’t involved in the trial, described Binger’s case as ‘incredibly underwhelming.’ ‘He’s got nothing. I just don’t understand it. What are we doing here? We’re all kind of scratching our heads.'”

“Second-degree homicide charges could apply if jurors determined that Rittenhouse sincerely believed his life was in danger but used an unreasonable amount of force, University of Wisconsin-Madison criminal law professor Cecelia Klingele said. Second-degree reckless endangerment could apply if jurors found that he put someone in harm’s way but did so without showing utter disregard for human life, she said. Second-degree intentional homicide carries a maximum 60 years in prison. The maximum sentence for second-degree attempted intentional homicide is 30 years. Second-degree reckless endangerment, meanwhile, carries a maximum prison term of 10 years. A life sentence wouldn’t be an option if prosecutors sought convictions on lesser charges, but they would give jurors the flexibility to convict him of something, said Adams. ‘It gives the jury negotiation room,’ he said. ‘They think something bad happened but they’re not convinced the level of force was necessary. And that gives prosecutors two kicks at the cat.'”

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