The Wisconsin Supreme Court recently ruled that certain individuals may be tracked via GPS without their knowledge. The court's holding was related to a case involving suspected burglary. In this case, a man who was suspected of multiple burglaries was subject to having his car impounded. Once impounded, law enforcement installed a GPS in the vehicle without his knowledge.
A fundamental principle of criminal law holds that people should be able to understand what behavior is criminal and what is not in order to make informed decisions. Without clarity in the criminal code, individuals can unknowingly commit criminal acts without intending to do so. Unfortunately, sometimes criminal law is confusing due to nuance and sometimes it is confusing due to conflicting interpretations of the law.
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.
A Milwaukee man faces serious drug charges after police say he was found selling heroin out of a motel room. The man was charged after an incident late last month. He could potentially face more than seven years behind bars and be forced to pay $25,000 in fines.
We have previously written that sex crimes are among the most reviled and highly punished offenses. Law enforcement works especially hard to prosecute individuals for alleged sex crimes involving children or minors.
Former Milwaukee Brewers pitcher Francisco Rodriguez had his domestic battery charges dismissed recently because the Waukesha County District Attorney Brad Schimel could not meet the burden of proof for the case to continue.
A Temple University expert named Laurence Steinberg is convincingly advocating for reform of the juvenile justice system based on recent neurological research on adolescent brain development. His core argument is that young people who commit juvenile crime should be held accountable, but not necessarily in the ways the system attempts to do so currently.
Media coverage of the sex scandal involving former general David Petraeus has shed light on a little-understood crime: adultery. In most states adultery remains a private issue between married partners. But in others, the act of cheating on one's spouse is basically considered a sex crime. In some states, adultery is treated as a misdemeanor. But in five other states - Massachusetts, Oklahoma, Idaho, Michigan and Wisconsin, adultery is categorized as a felony.
The freedoms that we enjoy and are entitled to are not always easy to understand. For example, freedom of association is limited to groups without terrorist ties. This is a fairly obvious example, but all freedoms are limited in fairly nuanced ways as well. In many senses, the freedom that comes with the most nuanced limitations is freedom of speech.