Truth in Sentencing, Early Release Options Both Have Appeal, O’Hear Says

While truth in sentencing is highly popular with Wisconsin voters, some options that could allow prisoners to be released before serving their full sentences also have majority support, Marquette Law School Professor Michael O’Hear told an “On the Issues with Mike Gousha” audience last week. Wisconsin may want to give renewed attention to such ideas in the pursuit of prison policies that are both morally appealing and fiscally wise.

O’Hear, who is associate dean for research at the Law School, summarized Wisconsin’s trends in incarceration in the last four decades, including increased prison populations, abolition of the parole board, and adoption of “truth in sentencing,” which makes a judge’s sentence close to the final word on how long a prisoner will serve. Changes that eased the truth in sentencing practices, including creation in 2009 of an Earned Release Commission, were largely reversed under Gov. Scott Walker in recent years.

The number of people in the Wisconsin prisons went from about 2,000 in 1973 to about 23,000 in 2004, O’Hear said. The total has leveled off since then. Strong political momentum to get tough on crime, including not letting prisoners out before they served their full sentences, underlay the trends, and Wisconsin’s boom in prison population was in line with what occurred in much of the nation, O’Hear said.

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Lewd and Lascivious Behavior Laws: A Milwaukee Story

The Accused

Lee Erickson’s bio attests to his national prominence. Among other things, he served on the Choral Panel of the National Endowment of the Arts and as dean of the American Guild of Organists. But in Milwaukee, he is best known as the conductor of the chorus of the Milwaukee Symphony Orchestra (MSO). Erickson was appointed associate director of the MSO Chorus in 1978, and he has served as the chorus’s director since 1994. By all accounts, the group has flourished under his leadership. The MSO website quotes music director Edo de Waart as saying: “The MSO has the good fortune of having a first-class volunteer chorus. With a chorus of this caliber, the options for performing great works in the repertoire are immense.” Frequent guest conductor Nicholas McGegan has called the chorus “a real gem,” and Tom Strini of the ThirdCoast Digest referred to it as “the jewel in Milwaukee’s cultural crown.”

If you type Erickson’s name into the Google search box, however, these achievements aren’t among the first results that appear on your screen.

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Nancy King to Speak at Marquette on Punishment for Repeat Offenders

kingI’m looking forward to this year’s Barrock Lecture on Criminal Law, which will be delivered by Professor Nancy King of Vanderbilt Law School on November 18.  King has long been one of my favorite writers on criminal procedure and sentencing.  Whatever the topic, she can always be counted on to bring a refreshingly commonsensical perspective to bear.

King’s Lecture will focus on the sentencing of recidivists.  Here’s the description:

Courts and legislatures today routinely authorize punishment for repeat offenders that is far more severe than the punishment assigned those convicted for the first time. This reliance upon criminal history when setting sentences has a surprisingly fascinating history. It also has an uncertain future. Recent constitutional rulings may threaten established procedures for assessing sentences for prior offenders; researchers continue to question the relationship between criminal history and either culpability or future dangerousness; and commentators disagree whether using criminal history to calibrate punishment entrenches racial disparity in sentencing or, rather, helps to avoid it. Professor King will address these and related issues as she discusses the ongoing challenge of punishing recidivists in the 21st century.

The Lecture, which is open to the public, will start at 4:30 in Eckstein Hall.  Registration information and other details are available here.

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