Bounty Hunters at the Gates: Wisconsin’s Flirtation with the Bail Bonds System

Surely you’ve noticed when flipping through TV channels the reality show Dog the Bounty Hunter on A&E. The show centers upon Duane “Dog” Chapman—a bearded, tattooed, and bemulleted bounty hunter—as he and his family of fellow bail enforcement agents apprehend fugitives in sunny Hawaii. Chapman has gotten a fair amount of publicity outside of his show, including a Paula Deen-esque racial slur controversy (unlike Deen, he had no merchandising empire to lose) that resulted in the temporary cancellation of his show, and for being arrested and briefly imprisoned in Mexico for illegally capturing celebrity fugitive Andrew Luster.

Like most reality shows, Dog the Bounty Hunter follows a set format. It begins with a briefing, where we are introduced to the fugitive’s criminal history. Next comes an investigation, which generally involves phone calls and visits to former neighbors and family members. Each episode’s climax is generally the discovery and capture of the bail jumper. The show then shifts from action to tear-jerking drama, with Dog and family providing homespun advice to the re-apprehended fugitive about taking responsibility for life, finding a job, and quitting drugs. “Smoke brah?” counselor-mode Dog asks, slipping a cigarette into the handcuffed man’s mouth and lighting it for him. Typically, the fugitive’s family is present to provide tearful commentary on exactly where things went wrong. Dog the Bounty Hunter is sleazy, shamelessly tacky, and unquestionably entertaining.

Fast forward to Wisconsin, the summer of 2013.

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Arrest Trends in Milwaukee, 1980-2011 — Part Two

In the first post in this series, I compared black and white arrest rates in Milwaukee over time. In this post, I present arrest data by offense type.

In 2011, the seven leading arrest offenses were disorderly conduct, “other assault” (i.e., not aggravated assault), drug possession, theft, vagrancy, vandalism, and weapons possession.  Together, these seven offenses accounted for more than 53 percent of all Milwaukee Police Department arrests.  This amounts to almost exactly ten times the number of arrests for the violent “index crimes” — the most serious violent offenses that dominate media coverage of the criminal justice system (homicide, robbery, forcible rape, and aggravated assault).  To get a more realistic sense of the day-in-day-out work of the system, it may be helpful to appreciate that for every homicide arrest you see in the news, there are 123 arrests for disorderly conduct and 47 arrests for simple drug possession — nearly all of which fly well below the media radar screen.  It is an interesting question to what extent these lower-level arrests contribute to public safety.

These offense distributions do not differ much by race.  The first pie chart below indicates the distribution of the Big Seven arrest offenses among blacks; the second provides the distribution among whites.  

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The Legacy of Gideon v. Wainwright in Wisconsin

I’d like to take the opportunity through my posts this month to talk about some of the trends and milestones that I see in the field of law, particularly as it pertains to our criminal justice system.

Gideon v. Wainwright, the landmark 1963 U.S. Supreme Court case, started with a handwritten petition from Clarence Gideon. The decision in Gideon set the country’s criminal justice system on a different course: defendants who could not afford legal counsel had the right be be provided with such representation.

Although the scope of the constitutional right to counsel was established with the Gideon decision, the responsibility and the details of its implementation were left to the individual states. In the early years following the decision, Wisconsin complied with the requirement through a county-by-county system. This county-based approach changed in 1977 when Wisconsin took the strategic step of adopting a statewide model of indigent defense, establishing the Office of the State Public Defender (SPD) as an independent, executive-branch state agency. SPD trial offices started to open across the state, and the appellate representation, previously overseen by the Wisconsin Supreme Court, was transferred to the agency. The SPD ensures that our state meets the constitutional requirements set forth in Gideon.

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