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[–]Zapped 6 insightful - 3 fun6 insightful - 2 fun7 insightful - 3 fun -  (3 children)

He was bringing up "evidence" of Rittenhouse's behavior months after his first court hearing that had already been deemed inadmissible. The prosecutor said that he thought the ruling was not final (like only a suggestion) and then he tried to bring into evidence the famous picture of Rittenhouse at the bar with a t-shirt that read "Free As Fuck".

[–]FediNetizen 2 insightful - 2 fun2 insightful - 1 fun3 insightful - 2 fun -  (2 children)

It's worth noting that not only that, but just a few minutes prior had tried to question Rittenhouse about not telling his story to the media before he got on the stand, and the judge also had to dismiss the jury so he could admonish the prosecutor about that. So this was the 2nd time in like 10 minutes that the judge needed to dismiss the jury to talk about the prosecutor's misconduct, so this time he was really gonna get it.

If you don't understand why asking about his silence on the case is a big no-no, the 5th Amendment states you cannot be compelled in a criminal case to be a witness against yourself. Courts have long held that this protection also means that prosecution cannot use someone's silence as evidence, or use it to imply guilt, or question the defendant about their silence should they choose to testify. This isn't some obscure or new rule, so it's something the prosecutor definitely knew he was violating.

[–][deleted] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

Counter point: if I stayed silent at a traffic stop I'd probably be arrested for it.

[–]FediNetizen 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

There are certain non-incriminating questions an officer can ask you, such as your name and things like that. Those aren't an infringement on your 5th amendment rights, so refusing to answer could get you arrested.