Jury instructions are a central part of any criminal trial.

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It is not surprising that an attorney who practices criminal defense would oppose Attorney General Brad Schimel’s recent plan to request additional funding to help bolster the ranks of prosecutors throughout the state.

Tagged with: Brad Schimel letter to the editor On the Defensive

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

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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.

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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.

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

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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.

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

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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.

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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.

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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.

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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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There is nothing that harms the integrity of the criminal justice system more than a rogue officer planting evidence.

Tagged with: Anthony Cotton On the Defensive Robert Zapf

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.

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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.

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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.

Tagged with: Anthony Cotton Christopher Wiesmueller John Doe John Doe investigation Neal Nettesheim On the Defensive

A prominent New Jersey criminal defense attorney, William Buckman, committed suicide in a hotel room Oct. 14.

Tagged with: Anthony Cotton Dennis Barry National Association of Criminal Defense Lawyers On the Defensive

It has become common knowledge that a Ferguson, Mo., police officer shot and killed Michael Brown, an unarmed black man.

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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.

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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.

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Few motions in criminal cases cause more confusion than those based on a court’s inherent authority.

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Criminal defense attorneys have few tools they can use to learn about the prosecution’s case.

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There is a crisis in this country. Considerable numbers of otherwise good people have become addicted to opiates.

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In 1993, the Wisconsin Constitution was amended to give crime victims certain privileges.

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Since he was elected governor, Scott Walker has not appointed a single person to Wisconsin’s Pardon Advisory Board.

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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.”

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Milwaukee recently saw its 11th co-sleeping death this year. In response, County Supervisor Mark Borkowski suggested state legislators enact new laws that would permit prosecutors to bring “manslaughter” charges against parents who cause the death of a child through co-sleeping.

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In criminal prosecutions, defendants often feel as if they are fighting an impossible battle.

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Law enforcement officers for years have taken advantage of overly broad civil forfeiture laws.

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Most lawyers have assumed that the Constitution is unambiguous in preserving one’s right to remain silent.

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