Author Archive for Michael Cicchini

Indigent Defense and the Private Bar Rate Debate

Monday, November 22nd, 2010
Category: Constitutional Interpretation, Criminal Law & Process, Uncategorized, Wisconsin Criminal Law & Process, Wisconsin Law & Legal System | 8 Comments »

The Wisconsin State Public Defender (SPD) currently pays $40 per hour to private bar attorneys who represent indigent citizens accused of crimes.  This rate has been unchanged for decades, and ... Read more »

Criminal Court: Guilty by the Preponderance of the Evidence?

Tuesday, November 16th, 2010
Category: Criminal Law & Process, Wisconsin Criminal Law & Process | 3 Comments »

One of our fundamental beliefs is that before a jury may convict a person of a crime, it must be satisfied of guilt beyond a reasonable doubt.  However, upon even ... Read more »

The New Miranda Warning

Monday, November 8th, 2010
Category: Constitutional Interpretation, Criminal Law & Process, U.S. Supreme Court | 16 Comments »

I never thought the Miranda warning was all that useful.  In fact, it actually raises more questions than it answers.  For example, the warning tells a suspect that anything he ... Read more »

Deterring Constitutional Violations

Monday, November 1st, 2010
Category: Criminal Law & Process | 3 Comments »

Consider a case of police misconduct:  An officer wants to enter and search a citizen’s home, but has no search warrant, no legal basis to obtain one, and no exigent ... Read more »