Cornell Law professor Sherry F. Colb reflects on what the acquittal of Kyle Rittenhouse tells us about domestic violence and society’s expectations based on gender. Professor Colb argues that the law of self-defense, especially as it is developing away from the duty to retreat, demonstrates gender inequality within the criminal justice system by favoring testosterone-fueled vigilantes over the women who choose to survive rather than succumb to domestic violence.
Texas law professor Jeffrey Abramson comments on two jury verdicts last week—the acquittal of Kyle Rittenhouse in Kenosha, Wisconsin, and the conviction of three men who attacked and killed Ahmaud Arbery in Brunswick, Georgia—that demonstrate our country’s division over race, guns, vigilantism, and self-defense. Professor Abramson notes that when evidence is borderline, as it was in the Rittenhouse trial, jurors are “liberated” to decide on the basis of their own sentiments and values. Professor Abramson argues that the rushed jury selection process in the Rittenhouse trial effectively placed the Second Amendment, rather than the individual defendant himself, on trial.
Amherst professor Austin Sarat explains why the not guilty verdict of Kyle Rittenhouse sends a powerful message condoning vigilantism, particularly when coupled with the Texas law that authorizes private enforcement of its extreme prohibitions on abortion. Professor Sarat argues that vigilantism, including these instances, has historically taken root in times of social, cultural, and political transition, and in places with high levels of cultural diversity and institutional instability