By Raymond Dall'Osto, Steven McGaver, Brianna Meyer, and Jason Luczak

Newly-inaugurated Wisconsin Governor Tony Evers recently said that he will begin to consider applications for and issue pardons. While it had previously been speculated that Governor Evers would reinstitute pardons, he has now publicly stated that pardons will be a possibility for those convicted of state crimes in Wisconsin.

Under the law, Governor Evers can issue pardons under his executive powers. Former Governor Scott Walker, in an unprecedented manner, chose not to exercise this power and did not issue any pardons during his time in office. His stated rationale was that he believed in the court system and that he did not want to insert his judgment on the judicial process.

By Ray Dall’Osto and Steve McGaver

Governor Scott Walker lost the November 6 gubernatorial election to Democrat Tony Evers. With the change in leadership in January 2019, hopefully there will come a change in priorities and policies in Wisconsin. One area that is expected to change is how pardons are handled. It is hoped that governor-elect Evers may reverse the current Walker policy of no pardons and no reviews and grant pardons to those he deems meritorious. 

Scott Walker was elected in 2010, and he has held office from 2011 through January 2019. He is the first governor in the State of Wisconsin’s history since 1848 to categorically refuse to exercise the state constitutional prerogative to consider or grant pardons or commutation, no matter how worthy a pardon applicant might be of getting such.

Wisconsin takes child pornography charges seriously and does not often grant leniency to those who have been accused of these types of crimes. A conviction of this nature can affect every aspect of your life, including where you live, who will hire you, and who will associate with you. It is important to fight these charges as aggressively as possible.

The Wisconsin Child Pornography Possession Law

Under Wisconsin law, possession of child pornography is defined as possessing or accessing any material depicting a child engaging in sexually explicit conduct. The law requires that the accused have the intent to view such an image. The law applies to any developed or undeveloped film, photographic negatives, photographs, motion pictures, videotapes, or other recordings. 

The law specifies that the accused must: 

By Raymond Dall’Osto and Christopher Strohbehn

After working in the Wisconsin criminal justice field for the past 40 years, I have learned a great deal. For one, the populations of state and federal prisons have increased from 250,000 to 1,500,000 during that time, even though the overall crime rate has decreased substantially. In 2010, there were 186,000 inmates in federal prisons, 98,000 of whom were incarcerated for drug crimes. When I began practicing law, the state of Wisconsin had fewer than 4,000 inmates in prison, but the number of inmates is now more than 20,000. Even though the crime rate has decreased, the U.S. continues to lead the world in the rate of people who are incarcerated. Many of us wonder how our society has reached this point and what can be done to fix the problem.

Harsh mandatory minimum sentence laws, increased sentence structures for felony offenses, and longer sentences being imposed by judges have all led to over-incarceration. Additional factors include the unavailability of parole or the elimination of programs providing early release for prisoners with good behavior or who have successfully completed treatment.

By Ray Dall’Osto

After laboring in the criminal justice field in Wisconsin for forty years, what have I learned? First, that the state and federal prison populations have grown from 250,000 to 1,500,000 in that time period, yet overall, crime rates are substantially down. Of the 186,000 federal prison inmates in 2010, 98,000 were in prison for drug offenses. When I first started to practice, there were less than 4,000 prison inmates in Wisconsin, and now that number is consistently over 20,000. While crime rates have gone down, the United States remains the world leader in rates of incarceration. What is wrong with this picture? How have we as a society ended up here? What can be done?

Harsh sentencing laws such as mandatory minimums, sharp increases in felony sentence structures, and judges handing down longer prison sentences, combined with the elimination of parole and early release programs for good behavior and successful treatment completion, has created this over-incarceration morass.