One of our recent posts focused on the serious problem of wrongful convictions and wrongful imprisonment. We asked readers if Wisconsin should pass laws to provide more appropriate compensation to victims of this most serious injustice.
Earlier this week, we began a discussion about a recent ruling from the Wisconsin Supreme Court. The case concerned a young man who was convicted of the sexual assault of a 5-year-old girl in a 2007 incident. On appeal, the defendant argued that police used deception and coercion in order to get him to confess to the crime.
Many people charged with a crime assume that they only need an attorney when/if the case goes to trial, but this isn't true. Even before any charges are filed, law enforcement may try to get a confession out of a suspect using deception and coercion, and suspects need to have someone who can help them understand their rights.
Last week, the United States Supreme Court heard arguments in a wiretapping case that could affect untold numbers of Americans for years to come. Human rights advocates, journalists and attorneys concerned with the rights of those forced to mount a criminal defense or civil defense based on potentially illegal wiretapping evidence are seeking confirmation that they have standing to sue those who set up the wiretaps.
Accountability is an important concept for kids to learn. From the time that children are very small, they learn every day that their actions have consequences. The extent to which children may be held accountable for their actions, though, depends on the situation.
Currently in Wisconsin, certain individuals are required to submit DNA samples to law enforcement for cataloging. However, under a proposal submitted by the state's Department of Justice, DNA samples would not only be required from individuals convicted of felony charges, but also from those convicted of many kinds of misdemeanors.
A few months ago, the United States Supreme Court announced its holding in a case entitled, "Florence v. Board of Chosen Freeholders of County of Burlington." In its ruling, the Court upholds the right of law enforcement to subject those arrested for any offense, including minor property and drug crimes, to a strip search before being temporarily or permanently incarcerated.
When individuals are subject to the terms of parole or probation, failure to abide by those terms can land offenders in jail. In Wisconsin, one of the terms of parole and probation for individuals convicted of sex crimes mandates that they must submit to lie detector tests when these tests are requested.
Media coverage of the Supreme Court's healthcare decision somewhat overshadowed analysis of the Court's decision on Arizona's immigration law. However, state legislatures are wasting no time in reacting to the ruling. In fact, the Supreme Court's immigration decision could soon impact immigrants in Wisconsin who face various criminal charges.
The Wisconsin legislature recently passed a flurry of legislation as their 2011-2012 floor session came to an end in March. Among the measures passed by both the Assembly and Senate was SB 173, which is directed at various issues related to juvenile crime.