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.

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

Education Improvements Key to Better Opportunities for Milwaukeeans, Chetty Says

The answer to the question of whether America is still a land of opportunity varies widely depending on where you live – and the Milwaukee area is one of the places where the answer is not so good, a prominent economist told an audience of several hundred at the Marquette University Alumni Memorial Union on Tuesday.

The answer to what Milwaukee might do to improve the opportunities of success for children from lower income homes emphasizes better education, Raj Chetty of Harvard University said.

Chetty spoke at a session that combined the Marquette University Department of Economics’ Marburg Memorial Lecture with the Marquette Law School’s “On the Issues with Mike Gousha.” Chetty spoke for about 45 minutes, followed by a conversation in which Gousha, Milwaukee Journal Sentinel editorial page editor David Haynes, and audience members asked questions.

Continue ReadingEducation Improvements Key to Better Opportunities for Milwaukeeans, Chetty Says

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.

Continue ReadingNancy King to Speak at Marquette on Punishment for Repeat Offenders