Wisconsin Law & Legal System – Page 35 – Marquette University Law School Faculty Blog

Why Does Wisconsin Arrest Twice as Many People for Marijuana Possession as Minnesota?

Post author:Michael M. O'Hear
Post published:September 12, 2012
Post category:Criminal Law & Process Public Race & Law Wisconsin Criminal Law & Process

In 2010, Wisconsin law enforcement agencies reported 16,111 arrests for simple possession of marijuana, including both adult and juvenile offenders. The same year, Minnesota agencies reported only 7,453. With this one glaring exception, Wisconsin is not otherwise noticeably more aggressive about making drug arrests. Wisconsin also made more possession arrests for other drugs than did Minnesota, but the gap was much less pronounced (4,807 to 3,737), while Minnesota actually outstripped Wisconsin by a considerable margin when it came to arrests for drug trafficking (6,382 to 4,832). So, it is not as if our neighbors to the west have declared a general truce in the War on Drugs, while we have doggedly fought on. Rather, there seems something specific about marijuana possession that is differentiating the two states.

It seems unlikely that differences in marijuana use could account for such a large difference in the arrest rates. Indeed, based on the National Survey of Drug Use and Health, it appears that marijuana use in Minnesota is, if anything, slightly higher than in Wisconsin. So, the differences in arrest rates probably result to a significant degree from differences in police behavior. What drives those differences is not immediately apparent from any data that I have seen.

As I have observed in earlier posts, differences in criminal-justice outputs between the two states cry out for justification because the two states are so similar in population size and crime rate.

Restoring Public Confidence in the Judicial System

Post author:Michael Hupy
Post published:September 11, 2012
Post category:Judges & Judicial Process Legal Ethics Public Wisconsin Law & Legal System Wisconsin Supreme Court

“[A] lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.” Taken from paragraph six of the Preamble[1] to the Model Rules of Professional Conduct, this quote sets out our duty to educate the public.

In April 2009, then Wisconsin State Bar President Diane Diel discussed this very quote in a short article published in Wisconsin Lawyer magazine.[2] The article focused on the negative effect judicial elections have on the public’s confidence in the judicial system — discussing current Justice Michael Gableman’s allegedly unethical ad that aired during his campaign against Justice Louis Butler and his subsequent disciplinary hearing — and the ever-controversial topic of judicial recusals, focusing on whether judges should be required to recuse themselves from deciding cases in which they received campaign contributions from an interested party.

Diel’s article seems to have foreshadowed the current turbulence in the Wisconsin Supreme Court, which has led to plunging confidence in the judicial system.

Wisconsin Access to Justice Commission Hearing: Student Perspective

Post author:Rebecca K. Blemberg
Post published:September 7, 2012
Post category:Legal Practice Marquette Law School Public Wisconsin Law & Legal System

Makda Fessahaye is a 2L student who has been working on research for the Access to Justice Commission. Below she shares her thoughts about why a student might want to attend the Access to Justice hearing on September 13.

Cura Personalis. Marquette University Law School encourages us, as students, to follow the Jesuit educational principle, to care for the whole person, throughout our legal education, in the hopes that we embed this value into our legal careers. Through the expansive pro bono opportunities offered through Marquette, we have several chances to work with populations in great need of legal assistance. However, our calling to aid these populations does not disappear upon graduation; the need for legal assistance continues to grow. To properly demonstrate cura personalis in our legal careers, it is necessary to recognize the daily hardships our communities face and the legal issues that follow. Our Wisconsin low-income residents find difficulty with the limited and lack of access to justice to properly address the legal issues they encounter.

On Thursday, September 13, 2012, the Wisconsin Access to Justice Commission holds a public hearing at Marquette University Law School from 5:00pm to 7:30pm. At this hearing, we will have the opportunity to hear from our community leaders, judges, policy makers, and lawyers to share information about access to justice and the growing needs of low-income individuals. After hearing these testimonies, we hope to expand our knowledge, combine our efforts and properly address the lack of legal access available to our low-income population.

Whether you are interested in going into the public sector or the corporate route, I strongly encourage you to attend this public hearing to better understand the community in which you are to serve. As future lawyers, we should acknowledge the issues that face several of our residents. Finally, as Marquette law students, we must identify with the whole issue, the whole community, and most of all, the whole person.