Author Archive for Michael M. O'Hear

Supreme Court Dodges Long-Running Dispute Over Defendant’s Right to Psychiatric Expert

Thursday, June 22nd, 2017
Category: Criminal Law & Process, Poverty & Law, Public, U.S. Supreme Court | No Comments »

Three decades ago, in Ake v. Oklahoma, the Supreme Court held that indigent criminal defendants have a constitutional right of access to a psychiatric expert in some cases. More specifically, the ... Read more »

Race and Risk Assessment

Tuesday, June 20th, 2017
Category: Criminal Law & Process, Public, Race & Law | No Comments »

Risk-assessment has become all the rage in American criminal justice. In jurisdictions across the country, criminal-justice officials are utilizing increasingly sophisticated risk-assessment tools, which can be used to predict a ... Read more »

Dark Clouds on the Horizon for Graham v. Florida?

Tuesday, June 13th, 2017
Category: Criminal Law & Process, Public, U.S. Supreme Court | No Comments »

In 2010, the Supreme Court ruled in Graham v. Florida that a juvenile sentenced to life in prison for a nonhomicide crime must be given “some meaningful opportunity to obtain ... Read more »

Violence Prevention Initiatives: The Difficulty of Building on Early Success

Tuesday, May 30th, 2017
Category: Criminal Law & Process, Federal Criminal Law & Process, Public | No Comments »

Project Safe Neighborhoods has been among the highest-profile and best-funded national violence prevention initiatives of the past two decades, involving allocations of about $1 billion to U.S. Attorney’s Offices across ... Read more »

1 in 7 U.S. Prisoners Now in for Life

Saturday, May 13th, 2017
Category: Criminal Law & Process, Public | No Comments »

According to a new report by the Sentencing Project, there are now 206,268 life-sentenced prisoners in the United States, amounting to one in every seven inmates. As a result of ... Read more »

New Research Suggests Potential of Prison Furloughs, But Shadow of Willie Horton Still Looms

Monday, May 1st, 2017
Category: Criminal Law & Process, Public | No Comments »

It remains the paradigmatic moment in the modern history of tough-on-crime politics. In  the summer of 1988, Michael Dukakis, the Democratic Governor of Massachusetts, seemed to be cruising toward a ... Read more »

A Win for Judicial Sentencing Discretion in Armed Robbery Cases; Additional Reform Still Needed

Monday, April 24th, 2017
Category: Criminal Law & Process, Federal Criminal Law & Process, Federal Law & Legal System, Federal Sentencing, Public, U.S. Supreme Court | No Comments »

Earlier this month, in Dean v. United States, the Supreme Court ruled that federal sentencing judges retain some discretion to soften the notoriously draconian sentencing scheme of 18 U.S.C. §924(c). ... Read more »

Juvenile Court or Adult? New Research on the Consequences of the Decision

Wednesday, March 29th, 2017
Category: Criminal Law & Process, Poverty & Law, Public | No Comments »

Juvenile courts were invented at the end of the nineteenth century and spread rapidly across the U.S. Proponents argued that juvenile offenders were more readily rehabilitated than adults, and should ... Read more »

Supreme Court Permits Some Light Into the Black Box of Jury Deliberations

Friday, March 24th, 2017
Category: Civil Rights, Constitutional Law, Criminal Law & Process, Public, Race & Law, U.S. Supreme Court | No Comments »

Jury deliberations are the proverbial black box. After passively receiving the law, evidence, and arguments at a trial, the jurors will retire to discuss the case in secret. When they ... Read more »

Chicago, New York Heading in Opposite Directions on Crime; Where Does Milwaukee Stand?

Tuesday, January 24th, 2017
Category: Criminal Law & Process, Milwaukee, Public, Wisconsin Criminal Law & Process | No Comments »

To judge by some of the political rhetoric last fall, violent crime must be surging in our nation’s cities. Is that true? The answer may depend on which city you ... Read more »

U.S. Prison Population Continues Slow Decline; Wisconsin’s Inches Up

Thursday, January 12th, 2017
Category: Criminal Law & Process, Federal Criminal Law & Process, Federal Sentencing, Public, Wisconsin Criminal Law & Process | No Comments »

Ringing in the new year, the U.S. Bureau of Justice Statistics recently released its data on prisoners in the United States in 2015. After rising consistently for about four decades, ... Read more »

Gender and Negotiation–Prof. Schneider Takes the TED Stage

Tuesday, January 10th, 2017
Category: Feminism, Marquette Law School, Negotiation, Public | No Comments »

TED talks can be a wonderful vehicle for academics to present their research in an accessible, neatly distilled way for a large audience. Our own Andrea Schneider has a new ... Read more »