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Notes -
Well, 939.48(2)(c) probably does not apply; that applies to those who have the intent to kill or cause great bodily injury and attempt to start a fight in order to contrive a self-defense claim. Example from a case I worked on: The guy in the car here, starting at 1:15, who was found guilty of murder despite firing in response to the other guy firing first, because after having words with the other guy in the store, instead of driving off he got his gun out and put it on the seat next to him, then said something (likely a gang challenge) to the other guy. It seems unlikely that that was Rosenbaum's plan, since he was unarmed. Plus, again, it would be on the govt to prove, beyond a reasonable doubt, that he had that intent.
There is also this common rule; the quote is from CA law but it is a pretty normal rule, so if it does not apply in WI , then WI is an outlier (and note that not all law in this area is statutory; some is common law - note that the linked CA jury instruction does not cite the Penal Code re escalation to deadly force, but rather case law:
But, again, the point is not so much what would have happened, but that, given the complexities of self-defense law, the nature of the burden of proof, and the fact that the law looks only at the perspective of the defendant rather than at what was objectively true, it is hard to make a claim that the jury made any determination about objective truth at all.
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