Author: Jules Epstein

Can we make ‘Sense’ of the Kyle Rittenhouse Acquittal?

It is no surprise that many feel dismay over the acquittal of Kyle Rittenhouse and see the verdict as resulting from the American tolerance of gun culture; a nearly all-white jury favoring a white defendant; a baby-faced [in the jurors’ eyes] teen who did not match a stereotype of a ‘gun-toting’ marauder; and a reaction against the purported violence of racial justice protests. But those views impose social concerns on what is ultimately a trial, a process where a jury must confront two competing narratives.  Sorting out the possible social and cognitive contributing factors cannot be done with precision and in fact such an exercise may be fruitless.  But self-defense law Wisconsin style and the conduct of Rittenhouse’s trial offer easy explanations of how a ‘not guilty’ verdict was reached either because jurors simply followed the law or made the defense story fit with their implicit (or express) biases. What were the stories?  The prosecution’s was simple, laid out in the opening statement: [T]he defendant Kyle Rittenhouse, who was 17-years-old at the time, had armed …

The battle in Philly DA’s Office: Conviction Integrity Unit report shows rocky path to reform

On Tuesday, the District Attorney’s Office released a self-assessment titled “Overturning Convictions — and an Era,” detailing the Conviction Integrity Unit’s work during Krasner’s first term. One reform outlined in the assessment is a new file-sharing policy, which Professor Jules Epstein notes, if implemented, could prevent future wrongful convictions. Read more at The Philadelphia Inquirer.

U.S. Capitol building in black and white

Soliciting or Encouraging Sedition

What is Donald Trump’s culpability for the January 6th assault on the Capitol?  Morally, it is clear – Trump is a sentient being, aware of risks and consequences, who acted with disregard for the lives and well-being of others. Causally, the case is strong – in the terms of proximate cause and foreseeability, he spent months agitating and stirring discontent, he knew the volatility of his audience, and the actions of his followers were “not so extraordinary that it would be unfair to hold the defendant responsible for the actual result.” 1 W. LaFave, Substantive Criminal Law § 6.4, at 464 (2d ed. 2003). And in the eyes of history, culpability is beyond question – the “buck stops here” principle is the metric. But is he criminally responsible? Are there acts worth investigating, are there provable criminal acts attributable to the President? The President’s speech at the pre-insurrection rally may not, on its face, be sufficient to prove solicitation to commit a crime – here, riot, assault, theft, or damage to property. The language that …