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Culture War Roundup for the week of May 20, 2024

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Below someone said that because Foster had his gun angled down, but could have pointed it directly at Perry and fired in an instant that Perry was correct to have felt threatened. But we have video of Rittenhouse wandering around gun pointed low where he also could have brought it up and fired at any of the people around him.

I'll point to Cornered Cat for a summary that's focused on a not-lawyers-not-legal-advise, but the tripod of ability-opportunity-jeopardy is common to a much broader ethos among Red Tribers. Someone being physically able to harm you can't be a threat on its own, or everyone from a police officer to a car driver to a stick holder is cause for justifiable self-defense. Someone who says they'll hurt you can't be a threat on its own, or a trash-talking Call of Duty player would be justifiable self-defense. It's the combination of both that make for justifiable self-defense.

I think the situation for Perry is a lot more unclear, not least of all because of the low quality of all available video. But having people beating on your car doors and windows is a lot closer on jeopardy than a rando giving out bandaids (as, importantly, was Perry's driving!). Maybe not enough, and I'm disappointed that neither Abbot nor the parole board seem interested in explaining the evidence they found so compelling. But enough that it seems to be a big missing factor in a lot of the discussions and comparisons.

((That said, in turn, Rittenhouse is an obscenely good shoot for reasons that have been covered elsewhere; he set a standard that is wildly above the minimum for lawful self-defense.))

Right, its quite possible Foster was threatening Perry. Or even he was about to shoot him. It's just nowhere near as clear as Rittenhouse and just angling your gun down as you would anyway can't be as clearly dispositive.

I think Foster was stupid for bring a rifle at all, but thats neither here nor there.