Modern media like movies and television often like to use the intersection of mental health and the law as a plot device, playing on legal theories like the insanity defense. However, this trend often leads to misconceptions about how mental health and the criminal justice system interact. Fundamentally, a defendant’s mental health can become important at […]
The Wisconsin state legislature has attempted to take a hard line when it comes to the crime of Operating While Intoxicated (OWI). One major part of this effort has been their institution of mandatory minimum sentences for repeat OWI offenders. However, the exact length of the mandatory minimum depends on the number of previous OWIs, how long […]
Recent events in Ferguson and New York have prompted an increased interest into the workings of the criminal justice system. One particular area of interest is the way in which a grand jury functions. Although grand juries often appear tangentially in news stories, their secretive nature means that most people tend to pay them little attention. […]
The advent of DNA evidence has allowed police to solve crimes more easily and with greater certainty than before. Now, new DNA evidence collection requirements are pushing the state to expand its workforce to keep up with the increasing flow of samples that will soon come through state labs. These new requirements may keep Wisconsin citizens safer, […]
In the wake of the tragic deaths of Michael Brown and Eric Garner, a Wisconsin law that was passed back in April is getting new scrutiny across the country. The law requires an independent set of professionals to review officer-involved deaths, and many people are viewing it as a necessary check on police power. The law itself came […]
What happens when a murderer forgets to load his or her gun or a mugging is interrupted in the act? The person never succeeded in committing the crime, so he or she cannot actually be charged with it. After all, it would not make sense for a murder victim to be able to testify in […]
Governor Walker announced during his recent campaigning that he was planning on introducing drug testing for people who receive welfare or unemployment benefits. The idea behind the plan is to weed out the recipients of government funds who are using those funds to support drug habits. This has led to much debate about whether the policy is […]
Ordinarily, criminal prosecutions begin with a crime and a person accused of committing it, but that does not necessarily have to be the case. In fact, under certain circumstances, district attorneys can start legal proceedings without a defendant and possibly without even a crime. These proceedings, known as “John Doe proceedings,” are special investigative processes […]
A recent Wisconsin Supreme Court decision sheds more light on the complex question of regading a police officer detaining a person. Police stops come in two forms, voluntary and mandatory. If the interaction is voluntary, then the person is free to leave at any time, but if the interaction is mandatory, then the person must stay. These […]
Social hosts and dram shop owners are two groups of people who often end up bearing responsibility for the intoxicated actions of others. Social hosts are people who have others over to their home or otherwise throw a party and end up getting other people dangerously drunk. Dram shop is an outdated term for bars […]