Jury instructions are a central part of any criminal trial.
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On the Defensive
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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »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.
Read More »ON THE DEFENSIVE: Planted evidence yields only harm for justice system
There is nothing that harms the integrity of the criminal justice system more than a rogue officer planting evidence.
Read More »ON THE DEFENSIVE: Walker’s ‘conflict offices’ solution misses mark
Gov. Scott Walker’s recently unveiled biennial budget proposal outlines a measure to create “conflict offices” that would result in the Wisconsin State Public Defender’s Office retaining more criminal cases.
Read More »ON THE DEFENSIVE: Civil forfeiture lucrative but open to abuse
U.S. Attorney General Eric Holder recently announced the immediate termination of “equitable sharing,” a civil-asset forfeiture program run by the U.S. Department of Justice.
Read More »ON THE DEFENSIVE: Analyzing law enforcement’s use of deadly force
The adage that prosecutors can “indict a ham sandwich” has been called into question recently, when grand juries declined to prosecute officers involved in the deaths of Michael Brown in Ferguson, Mo., and Eric Garner in New York.
Read More »ON THE DEFENSIVE: The dangers of John Doe
The theme of Franz Kafka’s book, “The Trial,” resonates as strongly today as ever. Prosecutors have amassed powers and tools that were inconceivable even a generation ago.
Read More »ON THE DEFENSIVE: Criminal law takes a toll
A prominent New Jersey criminal defense attorney, William Buckman, committed suicide in a hotel room Oct. 14.
Read More »ON THE DEFENSIVE: Defense lawyers are too hard on Scalia
Justice Antonin Scalia has been the target of considerable invective, largely because of his support for the death penalty.
Read More »ON THE DEFENSIVE: Police misconduct claims deserve day in court
It has become common knowledge that a Ferguson, Mo., police officer shot and killed Michael Brown, an unarmed black man.
Read More »ON THE DEFENSIVE: Technology a constant threat to clients’ privacy
In a rare unanimous decision, the U.S. Supreme Court recently ruled in Riley v. California that police must secure a warrant before searching a cellphone owned by a criminal suspect.
Read More »ON THE DEFENSIVE: Children need shields from adult courts
In the past decade, there have been a series of U.S. Supreme Court decisions interpreting the Eighth Amendment, which prohibits “cruel and unusual punishment,” as it applies to juvenile defendants.
Read More »ON THE DEFENSIVE: Nation’s opiate epidemic sparks new response
In the 1980s, America faced a crack cocaine epidemic.
Read More »ON THE DEFENSIVE: Recognizing a court’s inherent authority
Few motions in criminal cases cause more confusion than those based on a court’s inherent authority.
Read More »ON THE DEFENSIVE: Defense of liberty should face no obstacles
Criminal defense attorneys have few tools they can use to learn about the prosecution’s case.
Read More »ON THE DEFENSIVE: Legislature should clarify expunction complexities
Under Wisconsin law, certain young offenders are entitled to have their criminal conviction expunged from their record.
Read More »ON THE DEFENSIVE: Criminal justice system powerless against addiction
There is a crisis in this country. Considerable numbers of otherwise good people have become addicted to opiates.
Read More »ON THE DEFENSIVE: The need for restorative justice
In 1993, the Wisconsin Constitution was amended to give crime victims certain privileges.
Read More »ON THE DEFENSIVE: Walker fails with decision to bypass pardons
Since he was elected governor, Scott Walker has not appointed a single person to Wisconsin’s Pardon Advisory Board.
Read More »ON THE DEFENSIVE: Attorneys should have freedom to discuss jury nullification
Every day, in criminal trials throughout the state, juries are instructed as follows: “If you are satisfied beyond a reasonable doubt that the [elements of the crime] have been proved, you should find the defendant guilty. If you are not so satisfied, you must find the defendant not guilty.”