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On the Defensive

Nov 22, 2016

ON THE DEFENSIVE: Should juries really be searching for the ‘truth?’

Jury instructions are a central part of any criminal trial.

Sep 19, 2016

ON THE DEFENSIVE: The case for ‘good time’ on extended supervision

For more than 15 years, Wisconsin courts have operated under the “truth in sentencing” model.

May 11, 2016

ON THE DEFENSIVE: Wisconsin has enough prosecutors

Attorney General Brad Schimel has announced his plan to ask the Legislature for millions more dollars to hire more prosecutors throughout the state.

Jan 5, 2016

ON THE DEFENSIVE: Netflix documentary shows making of a good defense attorney

The Netflix series “Making a Murderer” has garnered national attention. The episodes are compelling, largely because Steven Avery was wrongly convicted of rape, having served 18 years in prison for that crime.

Dec 7, 2015

ON THE DEFENSIVE: With pay progression, prosecutors and defenders should come before judges

In her State of the Judiciary Address, Wisconsin Supreme Court Chief Justice Pat Roggensack promised that she will fight for higher judicial salaries when the Legislature begins work on the state’s next budget.

Nov 9, 2015

ON THE DEFENSIVE: She was just 17… and shouldn’t be tried as an adult

Under Wisconsin law, a 17-year-old is considered an “adult” for the purpose of criminal prosecution.

Sep 25, 2015

ON THE DEFENSIVE: The expanding Fourth Amendment

In recent years, some of the biggest cases before the United States Supreme Court have dealt with how Fourth Amendment protections should apply in modern circumstances.

Aug 28, 2015

ON THE DEFENSIVE: Citations shouldn’t be cash cow for municipalities

Americans are over-legislated, a fact that partly explains why we incarcerate more people than any other country on the planet.

Jul 23, 2015

ON THE DEFENSIVE: Doubling down on a failed approach

America has 5 percent of the world’s population, but 25 percent of its prisoners. As a society, we should have the courage to recognize that doubling down on a failed system is not a means of making our communities safer.

Jul 2, 2015

ON THE DEFENSIVE: The veteran’s dilemma

Of the 1.6 million military members who are now veterans, about 670,000 have been deemed to have a disability that is connected to their military service.

May 22, 2015

ON THE DEFENSIVE: A letter to new prosecutors

It’s that time of year when social media becomes flooded with pictures and posts from new law school graduates, all who will soon embark on different careers.

Apr 20, 2015

ON THE DEFENSIVE: Wisconsin’s disastrous probation revocation system

By state law, probation must be the first consideration at sentencing. Because of this, and because many everyday crimes do not warrant incarceration, thousands of defendants are placed on probation every year in Wisconsin.

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