Truth in Sentencing: We Like the Symbolism, But Have Mixed Feelings About the Practical Policy

Two-thirds of Wisconsin voters support truth in sentencing, the 1998 law that abolished parole in the state and required prisoners to serve the full term of their sentences.  At the same time, a majority of Wisconsin voters (54.5 percent) agreed that once a prisoner serves half of his term, he should be released and given a less costly form of punishment if he can demonstrate that he is no longer a threat to society.  These seemingly inconsistent opinions point to complex, mixed feelings about sentencing policy in the state.

The numbers come from the Marquette Law School Poll, which earlier this week released the results of its latest survey of Wisconsin voters regarding politics and public policy.  This edition of the poll included a rich array of questions relating to truth in sentencing.  (Full disclosure: I collaborated in the design of these questions with Poll Director Charles Franklin and Professor Darren Wheelock of the Marquette Social and Cultural Sciences Department.)

The poll results this year were remarkably consistent with results from a year ago, when some of the same questions were posed.  Last July, 63% supported truth in sentencing, while 55% supported release opportunities at the half-way mark.  An even more decisive two-thirds majority supported awarding credits toward early release to recognize prisoners’ rehabilitative accomplishments, which also violates truth in sentencing (at least in the particularly hard-line way in which it was adopted in Wisconsin).

What gives?  

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The Role of Specialized Practice Groups in a Public Law Firm

Wis State Public Defender TorchThe Wisconsin State Public Defender (SPD) has dual responsibilities: we are a large law firm and a state agency. Although there is overlap, each function has its own set of expectations and stakeholders, and we strive to achieve harmony between both roles. In this blog post, I am going to discuss an area where we achieve congruence by developing specialty practice groups.

From the beginning of the SPD, we organized ourselves based on specializing in appellate and trial work. The agency continues to maintain both of these general areas of practice, and we have identified additional specific practice areas: juvenile, forensics, termination of parental rights, racial disparity, immigration, and sexually violent persons (Ch. 980).

The SPD benefits in several ways. From a state agency perspective, specialty practice groups allow us to share specialized knowledge and expertise efficiently, lessening the need for staff and private attorneys to “reinvent the wheel” in these complex practice areas. From a law firm perspective, specialization allows us to enhance the quality of legal representation provided to our clients statewide.

Each practice group is led by a coordinator. That person stays abreast of the latest developments in the practice area and shares this expertise as an advisor, mentor, and educator to other SPD practitioners. Coordinators serve as a clearinghouse of sorts as they assist others in quickly changing areas of legal practice. Staff contact them as needed when they are preparing a client’s case or have a question in a new or undeveloped area of the law.

Each coordinator pulls together practice materials, including motions, briefs, transcripts, case outlines, and research/articles/studies to share with practitioners. Coordinators keep track of the legal nuances and mundane details in their practice areas and catalog them for easy dissemination to attorneys when requested. They assist with the agency’s training efforts, including presenting at the annual conference. Some coordinators conduct or assist with expert examinations at motion hearings and trials. The coordinators also assist private bar attorneys with their questions related to the respective practice areas.

Cases involving clients charged as a sexually violent persons typically involve a number of very intricate and arcane actuarial statistics. A practitioner who only occasionally takes such cases would find it challenging to build the expertise needed to work with statistics. In this example, the Ch. 980 practice group assists the attorneys with training in these math and statistical elements. Similarly, the forensics coordinator helps others with the technical aspects of this practice area. In fact, as I write this post, the coordinator for our forensics practice group is assisting in a jury trial by focusing on the forensic elements of the case.

As the agency continues to utilize such specialties, we will, as necessary, change and adapt to the ever-evolving and changing field of criminal justice in Wisconsin.

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The Continued Expansion of Treatment Courts in Wisconsin

Gavel and BenchWisconsin was an early adopter of problem-solving, or treatment, courts. Starting with Dane County’s Drug Court Treatment Program in June 1996, Wisconsin is now home to 56 operating treatment courts according to the Wisconsin Court System website. In addition to treatment courts that address drug addiction, our state also has treatment courts that focus on alcohol, mental health, veterans, and tribal wellness. Some are hybrid, or co-occurring disorders, courts. While most courts are operated by one county for cases arising in that county, we are starting to see regional courts that address offenders from multiple counties.

Treatment courts, as the name suggests, treat or solve an issue while still holding the offender accountable for his or her criminal activities. Removing an offender’s addiction, for instance, decreases the likelihood that the person will reoffend in order to “feed” his or her addiction. Successful treatment can lead to a reduction in crime and recidivism while restoring an individual to have a greater opportunity to be a valuable member of the community.

One of the drivers behind the proliferation of treatment courts is the proven outcomes they are able to produce. In fact, according to a UW Population Health Institute study of treatment alternatives and diversion programs, communities received a $1.93 return on each $1.00 invested in these programs.

The treatment court model relies on a team-based approach in order to oversee and assist the individual to treat his or her addictions. Judges, prosecutors, defense attorneys, probation agents, law enforcement, and treatment providers all come together in a non-adversarial model to promote problem-solving responses tailored to each offender. Nationally, research shows that specific aspects of treatment courts, such as this team approach and the direct interaction between the participants and the presiding judge, help the courts achieve the goal of reducing recidivism.

The Statewide Criminal Justice Coordinating Council and the Wisconsin Association of Treatment Court Professionals are working to create state standards for treatment courts to facilitate implementation in counties that may lack the resources to start a specialty court but that could sustain it once started.

The documented success of treatment courts makes it likely that Wisconsin will continue to see the development of new courts of this nature. The time, energy, and resources necessary to plan and operate these courts properly are a smart investment with significant benefits for individual participants, for public safety, and for taxpayers.

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