Author Archive for Michael M. O'Hear

Good Time in Wisconsin: Why and How

Sunday, September 28th, 2014
Category: Criminal Law & Process, Legal Scholarship, Public, Wisconsin Criminal Law & Process | No Comments »

In a couple of recent posts (here and here), I have discussed the possibility of reinstituting “good time” in Wisconsin. I have developed the argument for good time at much ... Read more »

“Good Time” in Washington: A Model for Wisconsin?

Tuesday, September 16th, 2014
Category: Criminal Law & Process, Public, Wisconsin Criminal Law & Process | No Comments »

In an earlier post, I argued that Wisconsin should consider reinstituting “good time” for prisoners, that is, credits toward accelerated release that can be earned based on good behavior.  An ... Read more »

Why No “Good Time” in Wisconsin?

Tuesday, September 2nd, 2014
Category: Criminal Law & Process, Public, Wisconsin Criminal Law & Process | No Comments »

Unlike most other states, Wisconsin does not recognize prisoners’ good behavior with credits toward accelerated release.  Wisconsin had such a “good time” program for well over a century, but eliminated ... Read more »

“With Friends Like These . . .”: New Critiques of Graham and Miller

Friday, August 15th, 2014
Category: Criminal Law & Process, Legal Scholarship, Public, U.S. Supreme Court | No Comments »

The U.S. Supreme Court’s decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) undoubtedly constitute the most important developments in Eighth Amendment law over the past decade. Graham ... Read more »

Two-Thirds of Wisconsinites Support More Flexibility for Prisoner Releases

Thursday, July 24th, 2014
Category: Criminal Law & Process, Public, Wisconsin Criminal Law & Process | 1 Comment »

In 1998, Wisconsin adopted what may have been the nation’s most rigid truth-in-sentencing law, eliminating parole across the board and declining to put into place any alternative system of back-end ... Read more »

Wisconsinites Give Criminal-Justice System Low Marks, Especially for Offender Rehabilitation

Wednesday, July 23rd, 2014
Category: Criminal Law & Process, Marquette Law School, Public, Race & Law, Wisconsin Criminal Law & Process | 1 Comment »

We expect a lot from our criminal-justice system, and we don’t seem very impressed with the results we are getting.  These are two of the notable lessons that emerge from ... Read more »

US Supreme Court Review: Constitutional Criminal Cases

Thursday, July 3rd, 2014
Category: Constitutional Law, Criminal Law & Process, Judges & Judicial Process, Public, U.S. Supreme Court | No Comments »

(This is another post in our series, Looking Back at the U.S. Supreme Court’s 2013 Term.) In my previous post, I discussed the Court’s recent Fourth Amendment decisions.  Here are this term’s other ... Read more »

US Supreme Court Review: Fourth Amendment Cases

Wednesday, July 2nd, 2014
Category: Constitutional Law, Criminal Law & Process, Public, U.S. Supreme Court | 1 Comment »

(This is another post in our series, Looking Back at the U.S. Supreme Court’s 2013 Term.) On the criminal side of the Court’s docket, I found this term’s statutory interpretation cases ... Read more »

US Supreme Court Review: Should the Court Care How Effective a Statute Is?

Tuesday, July 1st, 2014
Category: Criminal Law & Process, Federal Criminal Law & Process, Public, U.S. Supreme Court | No Comments »

(This is another post in our series, Looking Back at the U.S. Supreme Court’s 2013 Term.) In my previous post, I noted a number of the considerations that the Supreme Court ... Read more »

US Supreme Court Review: Statutory Interpretation in Criminal Cases

Monday, June 30th, 2014
Category: Criminal Law & Process, Federal Criminal Law & Process, Federal Sentencing, Judges & Judicial Process, Public, U.S. Supreme Court | No Comments »

(This is another post in our series, Looking Back at the U.S. Supreme Court's 2013 Term.) In the first post in this series, I discussed two causation cases in some detail.  In ... Read more »

US Supreme Court Review: Crime and Causation

Friday, June 27th, 2014
Category: Criminal Law & Process, Federal Criminal Law & Process, Federal Sentencing, Judges & Judicial Process, Public, U.S. Supreme Court | No Comments »

(This is the first post in our series, Looking Back at the U.S. Supreme Court's 2013 Term. Other posts, when they appear, can be found here.) The Court’s criminal docket ... Read more »

Bond v. United States: SCOTUS Interprets Criminal Statute Narrowly to Preserve Federal-State Balance

Tuesday, June 3rd, 2014
Category: Constitutional Law, Criminal Law & Process, Federalism, Public, U.S. Supreme Court | No Comments »

In an opinion sure to be cited by many federal criminal defendants for years to come, the Supreme Court yesterday overturned the conviction of Carol Anne Bond under the Chemical ... Read more »