Despite Crime Rate Decrease, Majority of Americans Think It Is Increasing

/in /by

Perception is a funny thing; rather than being based upon facts, it is the thoughts and beliefs of one more individuals. And it is often incorrect. Case in point: 70 percent of Americans recently reported that they believe crime is rising, but statistical analysis shows that, over the last decade, crime rates have dropped. Such information shows there is a major disconnection between the perception of crime in the U.S. and the reality.

Violent Crimes in the United States

Each year, the U.S. Department of Justice, Bureau of Justice Statistics, compiles the crime rates for America. In regard to violent crimes, such as rape, sexual assault, robbery, and assault, the overall rates have declined drastically going from 80 victimizations per 1,000 persons in 1994 to 19 per 1,000 in 2010. In the state of Wisconsin, violent crimes have increased slightly, overall, going from 13,748 incidents to 16,714 in the same time period, but sexual assault and burglary crimes have declined.

Perception Is the Same, Even among Non-Victims

Although it would make sense that victims have a heightened perception of crime, the recent survey found that this was not a factor in America’s perception of crime. Instead, both victims and non-victims seemed to believe that, when it comes to crime, there is simply more of it.

How Perception May Impact Prison Reform Initiatives

Federally, and in many states, prison reform is happening. President Obama has commuted the sentences of nearly 90 nonviolent offenders, and state legislators are pulling for changes to parole options, bail bonds, and time served for nonviolent criminal offenders. The goal is to try and return as many citizens back into the workforce as possible, instead of keeping them imprisoned where they only drain the system.

Unfortunately, Americans may interpret the proposed changes as a threat. As a result, lawmakers may meet a great deal of resistance in passing any bills due to an ill perceived notion that these prisoners could be dangerous when, in fact, nothing could be further from the truth. Most of these offenders have been charged with drug crimes or white collar crimes; they pose no real threat and certainly could reintegrate back into society.

Facing Criminal Charges? Seek Skilled Legal Representation

When facing criminal charges, it is important to seek qualified, professional help early on to ensure your rights are protected. At Gimbel, Reilly, Guerin & Brown, LLP, we provide all of our clients with the attention, communication, and representation they deserve. Schedule a consultation and discuss your legal needs with our skilled Milwaukee criminal defense attorneys by calling 414-271-1440 today.

Sources:

http://allgov.com//unusual-news/70-of-americans-think-crime-rate-is-rising–but-it-isnt-151106?news=857794

http://disastercenter.com/crime/wicrime.htm

New Study Could Change How Touch DNA Is Used in Criminal Cases

/in /by

Beginning in 1986, human DNA testing began to revolutionize the criminal justice system by providing law enforcement and the courts with far better identification evidence by which to prove either the innocence or guilt of a suspect. However, DNA evidence and matches are not infallible; and a recent study suggests that we must, once again, consider just how valid such evidence against an individual may be. Touch DNA Sensitivity Today DNA is found within every chromosome and cell of our bodies. It can also be transferred from skin to a surface; this is known as “touch DNA.”  Pulled from everything from guns to doorknobs, touch DNA is one of the most widely used forms of DNA evidence in criminal investigations. Initially, large samples were needed for testing, but technology has advanced so much that now we only need a small trace. This has both pros and cons. On the positive side, we can detect the presence of human DNA much more easily. On the negative side — as highlighted by the recent stud y— sampling may actually pick up traces of DNA through second person transfer and the risk of contamination and false match is greater. All It Takes Is a Handshake Two graduate students from the University of Indianapolis recently paired up with the university’s director of Molecular Anthropology Laboratory to determine if they could pick up traces of touch DNA from someone that had never touched an item (secondary DNA). Subjects from the study were instructed to shake hands for two minutes. Then, one was asked to touch a test knife. The other subject never came into contact with the test knife. In 85 percent of the samples, researchers were able to pick up traces of DNA from individuals who had never come into contact with the test knives. It was transferred during the handshake and was left behind by the handler. The implications of this is startling and disturbing, as innocent people could be charged with crimes based on an erroneous match Changes in How Forensic Evidence Is Viewed Forensic scientists still do not completely understand how DNA transfers from a person to an object. Secondary transfer may not be the same during brief contact, or when touching rough objects, or when dealing with certain materials. However, this new study and the potential for cross-contamination and false positives are bound to change how DNA is used in criminal cases. It may also be quite important for those who have already been convicted based on DNA matches and other types of forensic evidence.  For further reading on the need to improve various types of forensic evidence analyses utilized by law enforcement, see the 2009 study by the National Academy of Sciences, “Strengthening Forensic Science in the United States: A Path Forward.” Facing Criminal Charges? You Need Knowledgeable and Aggressive Legal Help When facing an investigation or criminal charges, you need an attorney that is willing to carefully examine the evidence to prepare a solid defense case. When dealing with forensic evidence like DNA, you need experienced defense counsel, who are knowledgeable both in the law and the science. Our team is comprised of highly-skilled litigators, some of whom have worked on the police force, as criminal prosecutors, justice department investigators and have science backgrounds.  Schedule your consultation with one of our knowledgeable and experienced Milwaukee criminal defense attorneys by calling 414-271-1440 today.

Source:

https//ncjrs.gov/pdffiles1/nij/grants/228091.pdf http://fox59.com/2015/11/10/new-study-says-your-dna-can-show-up-at-a-crime-scene-even-if-you-were-never-there/ https://uindy.edu/2015/10/28/study-raises-question-about-dna-evidence http://innocenceproject.org/causes-wrongful-conviction/unvalidated-or-improper-forensic-science

Technology, Privacy, and Crime: Right to Privacy Lines Blur in a Technology-Driven World

/in /by

Technology has truly become an integrated part of our lives, affecting all that we do. In fact, very few Americans ever leave their homes without some sort of electronic device in tow. For the most part, the infiltration is benign and offers enjoyment, connection, and education. But the speed at which technology has advanced does have its drawbacks, namely where the law and our right to privacy is concerned.

What Americans Are Giving Up

At any given moment, we could be recorded on one or more cameras at a business establishment, on someone’s home security system, or even on a cell phone. Cell phones can become tracking devices, and social media accounts, which often detail almost every aspect of our lives can give away where we have been, what we have been doing, and who we were with while doing it.

We have given up so much of our privacy without so much as a second thought, and in doing so, we have left ourselves open to exploitation. Criminals, sex offenders, cyberstalkers — the list of whom we leave ourselves open to is endless. But there is one privacy predator you may not have considered.

Law Enforcement and Technology Today

Instances of shooting, drug dealing, robbery, murder, and rape have all been caught on camera or tracked through GPS location from a cell phone or via social media. Even DNA testing, a technology that identifies individuals based on their genetic makeup, can come into play when attempting to solve a crime. But what does all this technology in law enforcement mean? And how is it used?

When Privacy Is No Longer Protected

For all its benefits, technology is advancing faster than lawmakers can understand it, let alone make new laws to govern it. That means our right to privacy can and may be violated on any given day and at any given moment. We can be questioned and even arrested based on information that may have been obtained without “reasonable cause.” And even the most innocent of information may be used against us to build a case. Essentially, we are all at the mercy of someone else’s interpretation of what is fair game.

Facing Criminal Charges? Hire a Skilled Defense Attorney

Do not allow chance, unlawfully obtained information, or circumstantial evidence determine your fate. Instead, hire a defense attorney that understands and is willing to protect your Fourth Amendment rights in a criminal case. At Gimbel, Reilly, Guerin & Brown, LLP, we understand the importance of prompt, personalized, high-quality representation, and we take your legal issues seriously. Schedule your consultation with a Milwaukee criminal defense attorney willing to go the extra mile. Call 414-271-1440 today.

Sources:

http://washingtontimes.com//2015/oct/25/law-enforcement-gets-high-tech-help-to-fight-crime/?page=all

http://scotusblog.com/2013/02/argument-preview-crime-technology-and-privacy/

State Advocacy Groups Discuss the Problematic Costs of Wisconsin Corrections Program

/in /by

Incarceration costs are a part of every state’s budget. For Wisconsin it is much higher than the national average. The state advocacy group, Wisconsin Budget Project, recently discussed those costs and why they exist. They also discussed ideas for reform, and how some initiatives may help to reduce spending.

Incarceration Disparities Damaging Minority Communities

When compared to the rest of the nation, Wisconsin has the highest percentage of incarcerated black men — 12.8 percent (which is twice the national average) — and is also leading the nation in the number of Native American men behind bars. This incarceration means that there will be fewer job opportunities for these minorities once they are released, which leaves them struggling to support their families and their communities.

Options for Reducing Corrections Costs

Although reform cannot happen overnight, the advocacy center did have some valid suggestions for cutting back on the state’s higher than average costs on correction programs, including:

  • Expansion of mental health and addiction programs to reduce the number of incarcerated minor crime offenders;
  • Parole and probation program reforms to avoid revocations without new convictions (which accounted for four out of every 10 admissions to Wisconsin prisons in 2014);
  • Expansion of the state’s transitional job program that would help those leaving incarceration to obtain and keep jobs that support their families and their communities (New York’s similar initiative determined that every dollar invested saved taxpayers more than two dollars);
  • And an initiative that would prevent employers from asking about former convictions until later in the interview process, which would give formerly incarcerated individuals an opportunity to compete based on skills and experience and explain their situation (although in Wisconsin, it is illegal to discriminate against a job applicant because of a criminal record, unless the reason for conviction is related to the type of employment.)

Facing Criminal Charges? Hire an Aggressive and Qualified Criminal Defense Attorney

It is very difficult to turn things around once you have entered the criminal justice system. As such, those facing criminal charges are highly advised to seek assistance from an aggressive criminal defense attorney.

At Gimbel, Reilly, Guerin & Brown, LLP, we have more than 250 years of combined criminal defense experience. We are dedicated to serving our clients, we know what it takes to build a strong defense for your case, and we always strive to achieve the best possible outcome. Schedule your initial consultation with our Milwaukee criminal defense attorneys today by calling us at 414-271-1440.

Source:

http://host.madison.com/ct//local/crime-and-courts/report-time-to-address-corrections-spending/article_969ebf6a-1083-5d48-bdc6-848f618fc9b1.html

Recent Release of New York Police Officer Highlights Difference between Criminal Intent and Fantasy

/in /by

Some cases are black and white, with a clear line between right and wrong. Other times, the facts are more obscure, hazy, even gray. Case in point: the recent release of a New York police officer who was recently acquitted of all criminal charges after a jury convicted him of plotting to kill and eat women.

Fetishes and the Internet

Fetishes are not always taboo subjects or acts of a violent nature, but sometimes they are. Discussions about them can be found online in chat rooms or fanfiction sites. As with many topics on the internet, no fetish is too grotesque, too violent, or too disturbing. Often, it is a manifestation of fantasy — acts that the writers and readers would never actually commit that leads to criminal charges. But, because of other evidence, investigators believed it was possible the New York officer just might commit the acts he discussed on the internet.

The Fine Line between Fantasy and Intent

Originally, the officer was charged because prosecutors said he had taken concrete steps to put his plans into action. He allegedly used the police database to look up information about women, and had allegedly researched recipes for chloroform. But even if he had done those things, did that necessarily prove intent to commit a crime?

While the first jury believed that, yes, it did, an Appellate Court said the evidence failed to prove intent. The Appellate Court ruled that the officer was wrongly convicted for mere fantasies and for allegedly pretending to commit a crime, citing that the law cannot criminalize thoughts. Only actions.

Putting It in Context

Many people  occasionally  say things they do not mean. In the context of the New York officer’s charges, expressions like, “I could kill my boss/child/husband” could be misconstrued and treated as intended violent crimes. Of course, most people know these expressions are just words; however, in  context where the words are gruesome, detailed, or frightening, the intention may not be as clear. Regardless, it is important to understand that, while your thoughts do have power, you cannot be criminally convicted for them.

Facing Criminal Charges? Seek Help from an Experienced Criminal Defense Attorney

Need help dealing with your criminal charges? Contact the skilled  Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP. We believe your case deserves our full attention, and we are dedicated to understanding your case, representing your rights, and helping you achieve the best possible outcome. Call us at 414-271-1440 today to schedule your initial consultation.

Source:

http://reuters.com/article/us-new-york-crime-cannibal-idUSKBN0TM20820151203

Wisconsin DNA Database an Infringement on Privacy, Lawmaker Says

/in /by

When charged with a violent crime in Wisconsin, defendants must submit to a sample of their DNA to be collected, stored, and cataloged in a state database. Those records stay there, even if the individual’s charges are ultimately dismissed by a judge.  This has some lawmakers concerned about the privacy rights of non-convicted individuals. A bill, set to be presented to the Senate in 2016, is an attempt to remedy the issue.

History of the DNA Database

In 2013  Governor Scott Walker and the state’s Attorney General introduced the idea of a state database containing DNA evidence of those arrested for violent felony offenses.. Representative Dean Knudson and other lawmakers raised concerns over the privacy rights of those that were ultimately vindicated from criminal charges, but nothing was done about these concerns at that time.

Since then, thousands of profiles have been collected on individuals charged with rape, murder, battery, kidnapping, stalking, arson, auto theft, and more. Even though only a percentage of those arrested and forced to submit to DNA samples, have actually been convicted of a crime, each and every profile remains listed in that database, unless the individual goes through extensive action to have their DNA samples removed from the database.

The Problem with DNA Samples Removed from the State’s Database

Under current law, those who are charged with crimes but ultimately are not convicted, have the right to request that their DNA profile be expunged from database. However, this requires a great deal of time and resources on the part of the individual, including an investigation from the state to ensure that the individual does not have any pending charges. Ultimately, it places the responsibility and frustration on the individual, rather than the government that collected the information in the first place.

Bill Not Expected to Go Far

The bill, to be introduced in 2016 would require the state to expunge any DNA records of individuals who were charged, but ultimately not convicted of a crime. Unfortunately, not even the lawmakers who are sponsoring the bill expect it to gain much traction. This is due, in part, to the fact that some of the individuals affected by mandatory DNA samples are already regulars in the criminal justice system. Another potential issue is that members of law enforcement use the database as an invaluable resource when it comes to solving both cold cases and new crimes. Of course, whether or not it is valuable becomes irrelevant when it is a violation of both privacy and civil liberties of Wisconsin citizens.

Charged with a Violent Crime? Seek Assistance from an Experienced Criminal Defense Attorney

Have you been charged with a violent crime? Gimbel, Reilly, Guerin & Brown, LLP, can help. Dedicated to high-quality, aggressive representation, we will take the time to listen to your concerns, ensure your rights are protected, and help you pursue the best possible outcome for your unique situation. Learn more by scheduling your initial consultation with our experienced  Milwaukee criminal defense attorneys. Call 414-271-1440 today.

Source:

http://rivertowns.net//government/3900132-investigative-tool-or-privacy-violation-bill-would-expunge-dna-records

Unmasking the Many Faces of a Criminal Arsonist

/in /by

As per the National Fire Protection Association (NFPA), from 2007-2011, more than 282,000 intentional fires have been reported to various U.S. fire departments. These incidents are associated with an annual loss of civilian life totaling 500 innocent victims and are also responsible for over 1,000 civilian injuries and costs reaching $1.3 billion in direct property damage.

Robert Disbrow, Jr., who has spent over 20 years investigating suspicious fires and a frequent contributor to the website Firehouse.com, believes there are repetitive patterns of arson that can be sub-classified as those who fall into a serial, spree or mass arsonist categories.

The Serial Arsonist

This type of arsonist often sets as many as three fires at different locations with each incident exhibiting a cooling off period between each event.

The Spree Arsonist

Those who fall into this classification will have set at least three fires at different locations but without a cooling off period.

The Mass Arsonist

Perhaps the most dangerous, are those who set multiple fires at the same time and within the same location.

Aside from these classifications, Disbow believes that there are also six varying types of motives fueling an arsonist’s desire to set fires.

Vandalism

This category of arson involves the mischievous or malicious act of arson. This type of arsonist generally sets fires to abandoned structures, vehicles, educational facilities, often to disguise another crime such as burglary or theft.

Excitement

Those arsonists who fall into this category are the thrill seekers. Often those who are employed as security guards, night watchmen and even members of a fire company take pleasure in seeking hero status or those who revel in praise or recognition from fighting the fires that they started.

Revenge

Perhaps the most dangerous motive is those seeking retaliation or vigilanty justice. Targets are often specific individuals, institutions or societal groups. Revenge arson generally targets a person’s home, business location, vehicle or treasured possession. Arsonists in this category may also target corporations, medical, educational or religious structures.

Profit

Those who engage in arson for profit may be seeking restitution as a means to solve financial problems. Often they will use arson as a basis to commit insurance fraud or even eliminate competition from a business competitor. Destruction of residential property for profit or intimidation as well as commercial fraud is exhibited by arsonists who are trying to erase bad business practices.

Extremism

Acts of arson under the Extremism category involve those who use arson to further one’s personal cause. These arsonists believe that by targeting a certain political, religious or social group will bring attention to their group’s plightIf you have fallen victim to an accusation of arson, the Milwaukee criminal defense attorneys of Gimbel, Reilly, Guerin & Brown, LLP maintain an exemplary tradition of defending individuals and institutions accused of criminal conduct. Our criminal defense team, comprised of former federal prosecutors, a former police officer and  special agent with the justice department and other skilled criminal law litigators maintain a strong record of defending against all state and federal criminal charges. Contact our legal team today to discuss your situation.

Sources:

http://nfpa.org/research/reports-and-statistics/fire-causes/arson-and-juvenile-firesetting/intentional-fires

http://firehouse.com/article/10464930/arson-investigation-the-six-motives-for-firesetting

http://firehouse.com/contact/10462672/robert-disbrow-jr

Social Media, Oversharing, and the Risk of Criminal Charges

/in /by

For many people, social media is a place to connect with friends, family, or even businesses; however it can also be a tool for police, prosecuting attorneys, and other legal officials to use as they see fit. As a result, anyone who shares illegal activity — be it alleged animal abuse, child abuse, rape, kidnapping, or murder — may find themselves in jail facing criminal charges. Woman Faces Charges of Animal Abuse after Posting Photos on Facebook In December of last year, a North Carolina woman allegedly posted a photo on Facebook of a dog with its mouth taped shut. Shared approximately 400,000 times on the popular social media site, several users called for an investigation into the matter. When local officers responded, they allegedly found no sign of injury and dogs that appeared to be cared for, but the woman was still arrested on charges for cruelty to animals. Facebook Video Leads to DUI Arrest While driving down the road, an Ohio man allegedly took a cellphone video of himself drinking from a partially concealed bottle. Just hours later, the man found himself in police custody. With a copy of his 12-second video in the hands of the police, he faced five misdemeanor charges, including operating a vehicle under the influence of alcohol or drugs and possessing an open container in a vehicle. Yik Yak Willingly Hands Data Over to Law Officials While not all social media platforms will openly admit that they provide information to law officials, the platform Yik Yak has no qualms about being open with its data. Recently, Yik Yak (and other witnesses) reached out to Oneonta City officials after young college student allegedly posted a mass shooting threat. Though the message was soon deleted, the individual now faces charges for making a terrorist threat (a Class D felony), and second-degree aggravated harassment (Class A misdemeanor). Social Media Used in Pending Criminal Cases Anything that is not set as “private” on your social media accounts may be fully accessible to members of the public and admissible in court. Even if you only share the information with a select group of people, it is possible to find that a recent status update or photo is being submitted as evidence. Bottom line: do not share potentially incriminating evidence on social media. Even better, do not discuss your pending criminal case with anyone other than your attorney — and that includes on social media. If you need aggressive and competent representation after an arrest, the skilled Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP, can help. With more than 250 years of combined experience, our attorneys know what it takes to build a solid defense. Learn more by calling 414-271-1440 to schedule your consultation today.Sources:

http://myfox8.com/2015/12/13/woman-accused-of-posting-animal-abuse-photo-on-facebook-to-face-nc-judge/

http://huffingtonpost.com/entry/drunk-driving-facebook-video-leads-to-dustin-rittgers-arrest_568443eae4b0b958f65b27cb

New York College Student Arrested Following Social Media Shooting Threat

Social Media Can and Will Be Used Against You in Court

New Bill Takes Aim at Law Enforcement’s Ungoverned Access to Technology-Related Data

/in /by

Technology has made many advances over the past decade. In most cases, those advances have improved or enriched our lives in some way. There is, however, a negative aspect: laws have been unable to keep up with  rapid advancements in technology and has left them, for the most part, ungoverned. A new bill, proposed by Representative Dave Craig and Senator Van Wanggaard, hopes to change that. The new bill could  change how law officials are allowed to bring criminal charges against Wisconsin citizens. The bill would create a legislative committee that would have oversight of secret investigative technologies and techniques. The Blurring Lines of Privacy In the face of advancing technology, the lines of privacy have begun to blur. Law enforcement can charge individuals based on posts made to social media. DNA is often  stored in  national databases, even after a person is released of charges. GPS  is sometimes used to track the location of a cell phone and place an individual at or near the scene of a crime. And advanced equipment can “trick” cellphones into revealing private and personal information, including text messages and call histories. These newer, more advanced crime-fighting technologies are being obtained and used at a rate nearly consistent with the advancement of technology itself. New Bill Pushes Back If passed, the new bill would require that officials notify the legislative committee if there are plans to purchase or utilize a new service or technology. Legislators would  have the power to subpoena information on any technology currently used or employed. Other provisions of the bill include creating legislative authority to investigate all facets of a John Doe investigation upon its conclusion, and  require committee notification prior to any law enforcement agency’s receipt of new weapons, armaments, and equipment. Charged with a Crime? Know Your Rights and Hire a Skilled Defense Attorney When facing criminal charges, it is crucial that you understand your rights, and that you employ the assistance of a skilled and experienced criminal defense attorney. Gimbel, Reilly, Guerin & Brown, LLP, can help. Prepared to go the extra mile to ensure your rights are protected, our skilled and experienced Milwaukee criminal defense attorneys can provide you with aggressive and personalized representation you deserve. Schedule your consultation by calling 414-271-1440 today.

Source:

http://watchdog.org/252871/surveillance-law-enforcement-bill/

Analysis Suggests Wisconsin May be Worst State for Racial Disparity and Oppression

/in /by

Minority oppression and disparity has always been an issue in America, but its continuance (and the resulting effects) are more prevalent in certain areas of the country. After reviewing major studies published over the last few years, analysts believe that Wisconsin may be the worst in the nation for racial disparity. This translates into a number of disadvantages for the state’s minorities, including an increased risk for wrongful arrests and convictions. Appleton Arrest Rates Outweigh Ferguson’s The racial disparity and injustice in Ferguson, Missouri have been the target of media spotlights for some time now, and for good reason:  in Ferguson, black arrests outweigh white arrests at a ratio of three to one. However, a review of recent arrest statistics in Appleton, WI found an even greater disparity. There, African American residents make up only four percent of the total population, yet they are subject to nearly 60 percent of all arrests. An examination of the state prison’s records revealed similarly disturbing disparities for African Americans. Over half of all Milwaukee County African American men in their early 30s and 40s have been incarcerated at some point in their lives, and a 2014 study found that one in eight African American men in Wisconsin are currently incarcerated. These statistics far exceed those found in other states by a startling and significant margin. Poverty, Joblessness, Other Areas of Oppression Perpetuate the Issue Most economists will agree that justice disparity goes hand-in-hand with poverty and other areas of oppression, such as difficulty finding employment. Sadly, these issues were found to be far worse for African Americans in Wisconsin than in other states, the analysis found. In Milwaukee, where the overall poverty rate is just eight percent, 36 percent of all African Americans are impoverished. And in Madison, the overall poverty rate for African American families is even worse—over 50 percent. Facing Criminal Charges or Wrongfully Arrested? Get Experienced and Aggressive Help Although the recently released information suggests there is little hope for improving the social injustices for minorities of Wisconsin, there are people willing to stand up for social equality. The attorneys of Gimbel, Reilly, Guerin & Brown, LLP have more than 40 years of experience in protecting the rights of residents in the Milwaukee, Madison, Green Bay, and Waukesha areas. Inquire as to how our Milwaukee criminal defense attorneys may be able to help with your case by calling 414-271-1440 to schedule your consultation today.

Source:

http://alternet.org/economy/what-worst-place-us-be-black