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On the Defensive

Dec 30, 2013

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.

Nov 19, 2013

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[...]

Oct 4, 2013

ON THE DEFENSIVE: Manslaughter is not the answer for co-sleeping deaths

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 thro[...]

Sep 24, 2013

ON THE DEFENSIVE: The perils of parallel construction

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

Aug 20, 2013

ON THE DEFENSIVE: The dangerous reach of civil forfeiture laws

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

Jul 23, 2013

ON THE DEFENSIVE: Supreme Court ruling breaks the silence

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

Jun 19, 2013

ON THE DEFENSIVE: Real lawyers doing real work

Most lawyers in criminal practice have heard a defendant utter the expression “real lawyer.”

Apr 23, 2013

ON THE DEFENSIVE: Big Brother is listening

Congress hatched the idea of fusion centers in the aftermath of the Sept.11, 2011, terrorist attacks.

Mar 20, 2013

ON THE DEFENSIVE: Not guilty? Not so fast

Every defendant convicted of a crime in federal court must confront the federal sentencing guidelines.

Oct 16, 2012

ON THE DEFENSIVE: Reform needed for Milwaukee police

It is now only a matter of time before there is a federal takeover of the Milwaukee Police Department.

Sep 14, 2011

ON THE DEFENSIVE: Self defense or cold-blooded murder

On Aug. 27, Michael Fitzsimmons awoke at 2 a.m. to the sound of noises coming from his garage. It was dark out and Fitzsimmons walked outside to investigate. Upon entering his garage, Fitzsimmons was confronted by a man later identified as James Babe.

Jul 18, 2011

ON THE DEFENSIVE: Anthony is guilty of something

There is a saying about the American justice system that we would rather let 100 guilty men go free than convict an innocent man.

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