Violent Crime Versus Property Crime: Law School Poll Reveals Notable Differences in Public Opinion

Posted on Categories Criminal Law & Process, Marquette Law School Poll, Public, Wisconsin Criminal Law & ProcessLeave a comment» on Violent Crime Versus Property Crime: Law School Poll Reveals Notable Differences in Public Opinion

Public opinion polls typically find a preference for tougher treatment of defendants in the criminal-justice system. However, few polls attempt to disaggregate types of crime. When laypeople are asked what they think should be done with “criminals,” their responses are likely based on the relatively unusual violent and sexual offenses that dominate media coverage of crime. However, punitive attitudes toward such offenses may not necessarily indicate that similar attitudes prevail more generally.

In order to develop a better understanding of the extent to which public attitudes differ based on crime type, I collaborated with Professor Darren Wheelock of the Marquette Social and Cultural Sciences Department on a set of questions in the most recent Marquette Law School Poll. Rather than asking respondents about crime in general, we posed questions regarding violent crime and property crime. Our results were consistent with the expectation that members of the public see these two types of crime in a rather different light.

Continue reading “Violent Crime Versus Property Crime: Law School Poll Reveals Notable Differences in Public Opinion”

Class-Action Lawsuit Seeks Permanent Suspension of the Milwaukee Police Department’s Alleged Unconstitutional Policies, Practices, and Customs

Posted on Categories Civil Rights, Constitutional Law, Criminal Law & Process, Human Rights, Milwaukee, Public, Race & Law, Student ContributorLeave a comment» on Class-Action Lawsuit Seeks Permanent Suspension of the Milwaukee Police Department’s Alleged Unconstitutional Policies, Practices, and Customs

This semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is one of those blog posts, this one written by 3L Andrea Jahimiak.

On February 22, 2017, six individuals who identify as either Black or Latino filed a class‑action lawsuit against the City of Milwaukee, the Milwaukee Fire and Police Commission (“FPC”), and Police Chief Edward Flynn. The plaintiffs allege that their constitutional rights were violated when they were unlawfully stopped, frisked, or both, by Milwaukee Police Department (“MPD”) officers.

Together, the plaintiffs are seeking relief by way of the court: (1) declaring that the defendants’ stop and frisk policies, practices, and customs are unconstitutional; and, (2) ordering immediate and permanent suspension of such policies, practices, and customs.

Allegation of a Named Plaintiff

One of the plaintiffs alleged that her teenage son has been unlawfully stopped by an MPD officer on at least three occasions. The first unlawful stop took place when he was ten years old.

Around noon in October 2010, D.A. walked to his friend’s home. When D.A. arrived at his friend’s home, he rang the doorbell, but no one answered. D.A. then used his cellphone to call his friend.

While on the phone, an MPD officer walked up to D.A., put his arms around D.A. shoulder’s and walked D.A. to his squad car located in the nearby alley. The officer then forcibly removed D.A.’s phone from him, patted him down, and made D.A. put his hands on the hood of the squad car.

The father of D.A.’s friend, a white male, ran out of the home. The father immediately asked the officer what was going on and asked why he was searching a child. The officer replied that he was making sure nothing was wrong. The officer then left.

D.A.’s mother called the associated MPD district and spoke to the sergeant. D.A.’s mother demanded to know why a police officer stopped and frisked her ten-year-old son. The sergeant said that it was MPD policy to stop and frisk young men walking through alleys.

Expert Reports Confirming MPD

Almost a year after filing suit, the ACLU of Wisconsin released three expert reports regarding the MPD’s stop and frisk policies, practices, and customs. The expert reports were conducted in relation to the ongoing class‑action lawsuit.

The expert reports concluded that the MPD has unconstitutional policies, practices, and customs. And that MPD officers routinely conduct unconstitutional stops and frisks procedures, motivated by race and ethnicity. Continue reading “Class-Action Lawsuit Seeks Permanent Suspension of the Milwaukee Police Department’s Alleged Unconstitutional Policies, Practices, and Customs”

If You Want to Be a Defense Attorney, be a Prosecutor

Posted on Categories Criminal Law & Process, Legal Practice, Marquette Law School, Public1 Comment on If You Want to Be a Defense Attorney, be a Prosecutor

This semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is one of those blog posts, this one written by 3L Naomi Tovar.

As of earlier this week, I was one of the few people in law school that had never watched Making a Murderer. I did not even know what it was about. Then last night, I decided to watch the first episode. I thought it was finally time to watch the show, considering that I had recently decided the criminal law field is where I want to grow professionally.

Those decisions (to pursue criminal law and to watch the documentary) were easy. The more difficult decision I have to face, however, is whether I should be a prosecutor or a defense attorney. At first blush, the answer is simple: defense. A defense attorney protects the rights of those who, according the founding law of our country, are innocent until proven guilty. Many times, defense attorneys represent the poor, the marginalized, and the disenfranchised of our society. I came to law school to do exactly that.

Then I binged watched the first six episodes of Making a Murderer and my thoughts changed. Continue reading “If You Want to Be a Defense Attorney, be a Prosecutor”

Prominent Sociologist Spotlights Community Organizations’ Role in Crime Reduction

Posted on Categories Criminal Law & Process, Lubar Center, Milwaukee, Milwaukee Area Project, Public, Speakers at MarquetteLeave a comment» on Prominent Sociologist Spotlights Community Organizations’ Role in Crime Reduction

America’s cities overall have experienced a remarkable decline in crime that began in the 1990s and that has brought improvements in civic life in some surprising ways.

But the strategies that played a significant part in reducing crime – including stop and frisk policing and mass incarceration – are fading, and different approaches are needed to sustain safety improvements.

And the strategies that should be pursued include building up the number and resources of community organizations that serve in many different ways to increase the quality of life in neighborhoods and doing as much as possible to encourage residents to take roles in helping that quality of life.

A leading figure in American thinking on how to improve the quality of life in urban areas presented that provocative perspective at a conference at Eckstein Hall on Wednesday. Patrick Sharkey, a professor of sociology at New York University, told an audience including leaders of many Milwaukee non-profit organizations that research and data back-up his assertion that such organizations are valuable. There is “really strong evidence” to show the value of community organizations, he said. Continue reading “Prominent Sociologist Spotlights Community Organizations’ Role in Crime Reduction”

Loophole in Drunken Driving Law Should be Closed

Posted on Categories Alumni Contributor, Criminal Law & Process, Public, Wisconsin Criminal Law & ProcessLeave a comment» on Loophole in Drunken Driving Law Should be Closed

An ignition interlock device (IID) is a breathalyzer installed in a vehicle that prevents a driver from operating the vehicle until first providing an adequate breath sample. In Wisconsin, an IID is required in one of three circumstances after being convicted of either Operating While Intoxicated (OWI) or Operating with a Prohibited Alcohol Concentration (PAC): the defendant is a repeat drunk driver, the defendant refused a chemical blood or breath test under Wisconsin’s implied consent law, or the defendant is a first time drunk driver and had a blood alcohol concentration (BAC) of 0.15 “at the time of the offense.” Because OWI 1st’s are not crimes in Wisconsin, defense attorneys specializing in OWI cases try to negotiate with prosecutors to stipulate that the defendant’s BAC was 0.149 to avoid the costly and cumbersome IID requirement. This arbitrary threshold creates an obvious loophole.

The state legislature should revise this language in the IID statute because its vague language is leading to ridiculous results in court and does not promote consistency in OWI cases. As a matter of syntax, the statute as its currently written is arguably ambiguous. The legislature specifically used the phrase “at the time of the offense” as opposed to “at the time of driving.” The most common interpretation (and one favored by defense attorneys) is that the word “offense” only encompasses the physical act of driving and nothing after it. However, if that is what the legislature intended, then it would have been clearly to use the word “driving” instead. Further, the current language is in clear conflict with the OWI statute that penalizes drunk driving. A second reasonable interpretation is that “offense” includes everything from the driving to when the police officer issues the citations. However, this reading appears to cast too wide a net. Continue reading “Loophole in Drunken Driving Law Should be Closed”

Restorative Justice and Clergy Abuse

Posted on Categories Criminal Law & Process, Judges & Judicial Process, Public, Religion & LawLeave a comment» on Restorative Justice and Clergy Abuse

Several people sit in chairs in a "healing circle" discussing instances of abuse by clergy.My trip to Rome in spring 2016 triggered a return visit this past November, when I again taught a segment of a certificate program addressing the Catholic sex abuse scandal.

The Pontifical Gregorian University’s Center for Child Protection offers the four-month graduate certificate program to religious sisters, brothers and priests from around the world who are assigned to head up Protection for Children offices. The program goals: to teach how to deal with past abuse and prevent further incidents.

I spent a full day with 19 students representing four continents. While there were some language barriers to overcome, the group was able to comprehend the power of Restorative Justice (“RJ) presented in different contexts — particularly its value regarding sexual abuse within the Church.

I explained how in past clergy abuse cases, it is not often possible to bring victims and offenders face-to-face in dialogue because many offenders are in denial, deceased or too old, with limited memory. We, therefore, explored the hope that RJ offers in addressing “secondary victimization” by members of the Church’s hierarchy.

Continue reading “Restorative Justice and Clergy Abuse”

Restorative Justice and the Language of Hope

Posted on Categories Criminal Law & Process, Judges & Judicial Process, PublicLeave a comment» on Restorative Justice and the Language of Hope

Professor Janine Geske standing at a podium with an open laptop as she addresses an audience in Germany.Regardless of one’s language, Restorative Justice (“RJ”) translates as hope. That was evident from my experience in Germany last October at a conference hosted by the University of Göttingen, which was titled “Victim Orientation in the Criminal Justice System: Practitioners’ Perspectives.”

I was invited to be one of the keynote presenters at the two-day conference. My presentation to the attendees — most of whom were criminal justice professionals including probation and parole agents — addressed how the United States actively uses RJ processes within the criminal justice system. Oh, and my presentation was the only one in English, with real-time translation provided in German through the marvels of headset technology.

I have become used to speaking internationally, so the language difference is not a daunting barrier for me, especially given the immediacy of RJ as an understandable concept and successful tool. I described the process and impact of victim/offender dialogue sessions in cases of violent crime and the value of restorative circles, particularly for schools and community organizations. Although Europe does not have much experience in using circles, I could tell that the conference attendees were eager to hear more about that process and about victim/offender dialogues in the context of juvenile RJ. As usual, most of my explanations were told through the stories of actual cases. I know that by describing the poignant experiences of real victims and offenders, the audience will better understand the transformational experience of an RJ process.

Continue reading “Restorative Justice and the Language of Hope”

Flynn Adamantly Defends Police Department and His Work as He Retires as Chief

Posted on Categories Civil Rights, Criminal Law & Process, Milwaukee, Public, Speakers at MarquetteLeave a comment» on Flynn Adamantly Defends Police Department and His Work as He Retires as Chief

Near the end of their hour-long conversation, Mike Gousha asked outgoing Milwaukee Police Chief Edward Flynn what was next for him.

“Really nothing much,” Flynn said. He’s going to go back to Virginia where his family lives and spend  more time with his children and grandchildren. Maybe he’ll do some consulting ahead. But, first, “I do need to de-stress a little bit, despite how relaxed I’m appearing.”

The line got a big laugh from the audience in the Lubar Center at Eckstein Hall for the “On the Issues with Mike Gousha” on Feb. 8. As he finished a decade as Milwaukee’s police chief, Flynn was fired up, outspoken, and more than a bit emotional and angry. Continue reading “Flynn Adamantly Defends Police Department and His Work as He Retires as Chief”

Marsy’s Law in Wisconsin 

Posted on Categories Constitutional Law, Criminal Law & Process, Public, Student Contributor1 Comment on Marsy’s Law in Wisconsin 

Have you ever heard something that, almost immediately after hearing it, bounced your thoughts from the possible benefits to the seriously questionable outcomes that might follow, and left you swinging back and forth between the two?  This is exactly what happened to me just recently after hearing about Marsy’s Law coming to Wisconsin.  As it stands, I can get behind the general idea of the law, but I do have some doubts—problems, even—with the way the law is being pushed forward. 

“Marsy’s Law” is the idea that crime victims, and the families of crime victims (who become victims by association) should have equal rights to those who are accused of victimizing the family.  According to the web site for Marsy’s Law for All, the law is named for Marsalee (Marsy) Nicholas, a “beautiful, vibrant University of California Santa Barbara student, who was stalked and killed by her ex-boyfriend in 1983.” (Quote from Marsy’s Law for All) One week after Marsy’s  murder, some of her family members entered a grocery store and were confronted by the man who was accused of murdering Marsy.  Marsy’s alleged murderer had been let out on bail and the family had not known about it. 

Marsy’s Law for All argues that the United States Constitution and every state constitution have a detailed set of rights for people who are accused of crimes, but the United States Constitution and 15 state constitutions do not have a list of rights for victims of crime.  As I am writing this, the web site for Marsy’s Law argues that the United States Constitution has 20 individual rights for those accused of a crime, but none for the victims of crime.  States, on the other hand, have been making some progress.  California, Illinois, North Dakota, South Dakota, Montana, and Ohio have passed Marsy’s Law, with efforts to adopt the law currently underway in Kentucky, Maine, North Carolina, Georgia, Nevada, Idaho, Oklahoma, and here in Wisconsin.    Continue reading “Marsy’s Law in Wisconsin “

New Cases on the Constitutionality of Long Sentences for Juveniles: The Graham Saga Continues

Posted on Categories Constitutional Interpretation, Constitutional Law, Criminal Law & Process, Federal Criminal Law & Process, Federal Sentencing, Federalism, Public, U.S. Supreme CourtLeave a comment» on New Cases on the Constitutionality of Long Sentences for Juveniles: The Graham Saga Continues

In Graham v. Florida, 560 U.S. 48 (2010), the U.S. Supreme Court barred the sentence of life without the possibility of parole (LWOP) for crimes committed by anyone under eighteen years of age. Grounded in the Cruel and Unusual Punishments Clause of the Eighth Amendment, the Court’s holding recognized only one exception: juvenile LWOP might be permissible in cases involving homicide.

Despite its seemingly straightforward character, the Graham holding has spawned considerable litigation in the lower courts over its scope and application. Two interesting appellate decisions from last month highlight some of the difficulties.

In the first, U.S. v. Mathurin, the Eleventh Circuit had to consider whether a 685-month prison term should be treated as the functional equivalent of an LWOP sentence for Eighth Amendment purposes.   Continue reading “New Cases on the Constitutionality of Long Sentences for Juveniles: The Graham Saga Continues”

After Return from Prison, Friends Can Be Key to Success or Failure

Posted on Categories Criminal Law & Process, Prisoner Rights, PublicLeave a comment» on After Return from Prison, Friends Can Be Key to Success or Failure

New research highlights the importance of friends in determining whether returning prisoners will commit new crimes. A considerable body of prior research has demonstrated the importance of family relationships to the returning prisoner, but a new study John Boman and Thomas Mowen suggests that peer relationships may exert an even greater influence over success or failure.

Boman and Mowen collected data on a sample of 625 serious and violent male offenders, including their self-reported substance abuse and new criminal activity over a fifteen-month period after release from prison. The data also included the offenders’ assessment of their family support and the criminal histories of their closest friends.

After controlling for a number of variables, Boman and Mowen identified several factors that proved to be statistically significant predictors of post-release recidivism.   Continue reading “After Return from Prison, Friends Can Be Key to Success or Failure”

Crime and Stigma: New Research Explores the Connections

Posted on Categories Criminal Law & Process, PublicLeave a comment» on Crime and Stigma: New Research Explores the Connections

The colonial Americans famously had their “scarlet letter” punishments, which marked and shamed the criminal. Today, the stigma of a conviction may be less vividly displayed, but it is no less real. Two interesting new criminological articles present research on the impact of this stigma.

First, an article by Jeff Bouffard and LaQuana Askew considers potential crime-reducing benefits of stigma, specifically in relation to sex offender registration and notification (SORN) laws. Such laws, adopted across the United States in the 1990s, require certain convicted sex offenders to register their residence and other information with state authorities on an ongoing basis, sometimes for the rest of their lives. The information is then made publicly available, which can greatly magnify the duration and intensity of the stigma of the conviction.

It was thought that SORN laws might reduce sexual offending in two ways: by deterring prospective offenders from committing crimes that might land them on a registry, and by alerting potential victims to the proximity of individuals who were already registered and hence possibly dangerous. However, several studies thus far have found little or no reduction in offending in the wake of the adoption of SORN legislation.  Continue reading “Crime and Stigma: New Research Explores the Connections”