The Curious Nature of Expunged Offenses

Roughly six years ago the Wisconsin Legislature amended the expunction statute to permit certain felonies to be expunged. At the same time, the Legislature also permitted expunction for older offenders. Previously, defendants had to be under 21 to secure the benefits of expunction. Under the newly revised statute, defendants under 25 could now have certain crimes removed from their record.

Since the expunction statute was altered, Wisconsin law has been in disarray when it comes to analyzing the framework of expunction. For decades, judges had always “reserved” a defendant’s right to seek expunction. This was logical – judges naturally wanted to see how a defendant would do on probation before making the final decision. But the Court of Appeals, in an unfortunate ruling, found that the expunction statute barred such an approach. Now, judges have to do their best to analyze the proverbial “crystal ball,” making the decision to confer expunction at the time of sentencing, as opposed to making the decision after two or three years of probation.

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Israel Reflections 2017–Treating Terrorists and Other Medical Challenges

Television camras and microphones surround Dr. Ofer Merin dressed in doctor's scrubs.One other new visit this year was with Dr. Ofer Merin, a commander of the Israel Defense Force (IDF) Medical Field Unit and emergency room doctor at Shaare Zedek Medical Center in Jerusalem.   As student Margo Clark notes, his roles often require both flexibility and understand beyond our immediate biases.

Dr. Ofer Merin is the Chief of the IDF Field Hospital, which travels to different countries to offer assistance in times of need. One example of the IDF Field Hospital’s greatest accomplishments is its ability to be the only field hospital from a foreign country to help the Japanese people after they were devastated by a tsunami. Their success comes from the amount of flexibility and understanding that Dr. Merin and his team work under. Rather than pushing their own system, Dr. Merin and his team worked under and around Japanese law. Under Japanese law, it is illegal for a foreign doctor to treat a Japanese citizen.  The team was flexible and put the Japanese people first. Their flexibility is exemplified by their assisting and enabling Japanese doctors to treat the large number of Japanese people who were in need. By foregoing their egos and putting understanding and flexibility first, Dr. Merin and his team were the only foreign field hospital team to be allowed to help the Japanese people.  Here is a MSNBC news report showing the IDF work in Haiti from 2010.

Dr. Merin’s flexibility and understanding is continually shown in his additional role as the Deputy Director of the Shaare Zedek Medical Center. This center is known for simultaneously treating terrorists and the victims of their attacks. It is excessively difficult to imagine how hard it must be to treat a terrorist. However, Dr. Merin understands the consequences of both treating and not treating terrorists and being beyond reproach as far as bias towards his patients. As a doctor, he is an example of following the Hippocratic oath and doing no harm under stressful conditions where many would be tempted to be biased and fail their duties as doctors. His example is important because if he can work without bias towards terrorists, doctors everywhere should use his example to attempt to work without any sort of bias.

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Israel Reflections 2017–The Israeli Supreme Court

Interior view of a hallway in the Isralei Supreme Court Building with natural light strwaming in from a row of windows.This year we were able to meet with two different former Israeli Supreme Court Justices–at the beginning and at the end of the trip–which provided great bookends to our week of learning.  Student Celeste Borjas reflects on the visit to the Supreme Court…

On our last day in Jerusalem we were able to tour the Israeli Supreme Court. The Israeli Supreme Court building is conveniently situated between the Israeli Parliament building (the Knesset) and the office of the Prime Minister. Our tour guide explained that this was purposeful, and was meant to symbolize the role of the judiciary as mediator of conflict. As we entered the building, I was taken aback by the amount of natural light entering through the windows. Though it was a very rainy day, there was no need for lamps or artificial lighting in the foyer. Another physical attribute of the Court foyer that caught my eye was the aesthetic created by a wall made entirely out of Jerusalem stone (a sandy-white limestone out of which most buildings in Jerusalem are constructed) standing opposite of a clean unadorned wall of white plaster. Our tour guide explained that this juxtaposition was meant to symbolize how the laws of men on Earth should complement the ultimate pursuit of eternal justice.

One of the first things to surprise me was that the Israeli Supreme Court actually operates similarly to the United States Court of Appeals. I had originally expected the highest court in Israel to resemble the Supreme Court of the United States. Not so. Like the U.S. Court of Appeals, the Israeli Justices (13 total) typically preside over cases in panels of three. Additionally, parties to a suit are entitled to an appeal at the Israeli Supreme Court as a matter of right. Moreover, any person may directly petition the Israeli Supreme Court (and bypass the district courts) if an action by an Israeli governmental entity contradicts/contravenes the basic laws of the Knesset. This last point reminded me of the power of the D.C. Circuit to hear cases involving federal agency action.

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