Earned Release From Prison: Judges Not Necessarily the Best Deciders

PrisonIn 2009, Wisconsin expanded release opportunities for prisoners and established a new Earned Release Review Commission to handle the petitions.  Just two years later, however, the legislature reversed course, largely repealing the 2009 reforms and abolishing the ERRC. The 2011 revisions effectively returned authority over “early” release to judges. Critics of the ERRC, an appointed body, maintained that it was more appropriate to give release authority to elected judges.

However, last month’s Marquette Law School Poll indicates that Wisconsin voters would actually prefer to put early release into the hands of a statewide commission of experts rather than the original sentencing judge.

Among the 713 randomly selected Wisconsin voters who participated, a 52% majority stated that release decisions should be made by a commission of experts, as opposed to only about 31% who favored judges. An additional 13% stated that both options were equally good. The Poll’s margin of error was 3.7%.

We asked several questions to try to identify more specifically the perceived strengths and weaknesses of both options.  

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Expanding the Public Policy Initiative

Marquette University Law SchoolThis is a notable week in the Law School’s public policy initiative. First, it marks the beginning of Charles Franklin’s work as professor of law and public policy—an appointment announced this past May by Rev. Scott R. Pilarz, S.J., president of the University. Professor Franklin, formerly professor of political science at the University of Wisconsin–Madison, will continue to direct the Marquette Law School Poll and, more broadly, will work with Mike Gousha, Alan Borsuk, and faculty at the Law School and beyond in the continuing development of the Law School’s public policy research and outreach. Second, Craig Gilbert joins us in a sense. Mr. Gilbert, the head of the Milwaukee Journal Sentinel’s Washington bureau and the author of The Wisconsin Voter blog at the newspaper, will hold a six-month fellowship established by the Law School through its Sheldon B. Lubar Fund for Public Policy Research. This is along the lines of work last academic year by the newspaper’s Rick Romell, which resulted in an extensive multipart series in the newspaper reporting on the economic future of this region. Mr. Gilbert is especially well-regarded in both journalism and the academy (you can get a sense of that here). His project during his time as a Lubar Fellow will focus on aspects of political polarization in the region, an activity that (to bring me back to where I began) no doubt will occasion his collaboration with Charles Franklin and Mike Gousha, among others at Marquette. On behalf of all who comprise the Marquette Law School community, it is a privilege for me welcome to both Charles and Craig as they expand the contributions we make to the community even beyond our core mission of legal education.

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Obama, Walker, and Economic Optimism Slip a Bit in New Law School Poll Results

A bit of slippage – that’s what fresh results of the Marquette Law School Poll show. The job performance ratings of President Barack Obama and Wisconsin Governor Scott Walker are down a little from May, the most recent polling date. Optimism about the economy is down a bit also. None of the changes are dramatic — the job performance changes are within the margin of error of the poll – but, as a whole, they spell a message that is a notch or two less positive toward key leaders and the future than was the case in May.

For Obama, the job rating among Wisconsinites who were polled went from 48% approve and 45% disapprove in March to 50% and 45% in May and then 47% and 46% in July.

For Walker, it was 50% approve and 44% disapprove in March, 51% and 45% in May, and 48% and 46% in July.

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