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New Bill Takes Aim at Law Enforcement’s Ungoverned Access to Technology-Related Data
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.
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Analysis Suggests Wisconsin May be Worst State for Racial Disparity and Oppression
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:
U.S. Government’s $4 Billion Investment Could Make Self-Driving Cars on the Road a Reality
Intended to improve road safety, self-driving cars may be one step closer to becoming a reality after the U.S. government pledged to invest $4 billion into advancing their testing and development. Unfortunately, there are still a number of hurdles to overcome before these high-tech vehicles become mainstream, particularly in terms of overall safety.
Autonomous Cars – the New American Dream
Each year, nearly 1.3 million people die on American roadways, and another 20-50 million are injured in automobile accidents. But what would life be like if we could completely eradicate these deaths? And how much easier would life be if we could drive to work while reading, using our devices, or enjoying the scenery without compromising safety? This is the idea behind autonomous cars — transportation that is both safer and more enjoyable. But is this technology truly a reality?
Driver Disengagement Still Needed
A handful of companies already have autonomous cars on the road, but they are still in the testing phase. Unfortunately, recent data released by the California Department of Motor Vehicles suggests that they are not performing quite as well as developers may have hoped.
Frequent driver disengagements - moments that drivers had to take manual control of the cars - were noted by test drivers. Google performed the best, with 272 incidents total, and a rate of about one incident every 1,244 miles. Nissan, whose cars had a problem about once every 14 miles, fell at the other end of the spectrum, as did Bosch and Mercedes whose cars had disengagements that sometimes occurred as often as every one or two miles.
Overall, these driver disengagements highlight a serious need for improvement in both safety and mobility. But some autonomous car skeptics say that these disengagements are the very least of concerns for the manufacturers hoping to get their self-driving cars on the road.
Infrastructure, Communication, Acceptance, and Liability
Developing technology that reduces or eliminates driver disengagement is only the beginning, experts say. Roads will need higher detail mapping, an infrastructure that will ensure the cars are going exactly where they are supposed to. Cars will also need to be able to communicate effectively with one another if there is any real hope for preventing accidents. Liability - determining who would be considered at fault if an autonomous car causes an accident - is also an issue. Finally, there is the matter of convincing drivers that it is safe for them to let go of the wheel.
Get Help with Your Auto Accident Injury Case
Overall, the evidence suggests that we are still a long way from having self-driving cars on the road; until they are, accidents and injuries will continue. If an accident has happened to you or someone you love, seek skilled and professional help from the Milwaukee automobile accident attorneys at Gimbel, Reilly, Guerin & Brown, LLP. Dedicated determined, respected, and resourceful, they can handle the details of your case, protect your rights, and give you the time and energy you need to heal. To schedule your consultation, call 414-271-1440 today.
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Wisconsin Bicycle Fatalities: Safety Tips for Sharing the Open Road
As new modes of ecological and economical transportation evolve, cycling appears to be gaining ground but sharing the open road with motor vehicles has not always been a smooth ride. The number of Wisconsin bicycle fatalities and instances of personal injury are on the rise. At the end of 2015, the Wisconsin Department of Transportation reported a total of nine deaths involving cyclists. It is reported that motor vehicle operators were primarily responsible for 58 percent of cyclist fatalities while 24 percent of cyclist fatalities were the fault of the cyclist.
Statistical data presented by the Centers for Disease Control (CDC) is even less optimistic. Cyclists are twice as likely as vehicle operators to experience personal injuries or fatalities while on the road.
To ensure the evolution of cycling, not only as a mode of transportation but as a enjoyable physical activity, The Wisconsin Bike Federation, (formerly Over the Bars Wisconsin), the country’s largest, statewide bicycle organization, offers the following safety tips for all cycling enthusiasts.
Avoiding the Hook
This tip concentrates on both the left and right hook. While riding through an intersection to avoid the “left hook” watch for motorists turning left across your path.
With regard to the “right hook” position yourself closer to the center of the right lane when passing through an intersection.
Ride Responsibly
- Never jump the curb and continue to ride on a sidewalk;
Volvo Vows Death and Serious Injury-Free Vehicles by 2020
Shortly after the announcement of the long road ahead for automated cars and a pledge from the U.S. government into developing the technology to make them better, Volvo has promised to make all of their new cars death and serious injury free by 2020. But can they really do it? Experts believe it is possible.
Technology Already Exists
The technology is already in place, in fact, newer, high-end luxury cars already have the advanced technological features needed to create a zero death and serious injury car. Adaptive cruise control uses radar and other sensors to detect other cars up ahead. All the driver has to do is set their maximum speed and the car will maintain a safe following distance, sans driver engagement.
Auto lane keeping assist uses cameras to detect road edges and line lanes and keep the car in its lane. Collision avoidance works with the help of radar and sensors that detect obstacles and warn the driver; if the driver does not react, the car can apply automatic brakes to reduce the impact of (or even completely avoid) a crash. Pedestrian detection and large animal detection sensors are also being used to alert and even brake in the event an unexpected person or animal wanders into the car’s path.
Decrease in Injuries and Fatalities for Cars with Technology
Many of these technologies have improved driver safety. In fact, there are a few models that have not seen a single death from 2009 to 2012. Volvo’s XC90 is on that short list. But the real key, Volvo says, is to perfect the technology already being used and to combine it all into a single car, and to do it in a way that is cost effective so that all of their cars can be equipped with the advanced technology.
Of course, automated cars already have all the technology components; they are just still in the testing phase and still need human interaction to ensure they are operating as they should (and human engagement when they fail). Some believe it will take more than just technology, especially when many of the autonomous cars being tested still require a great deal of human engagement. But the promise is there, as is the potential.
Waiting for the Future
Until these cars are perfected and made available to the general public, accidents can and will still happen. Know how to best protect yourself, drive safely, and if you are involved in an accident, be certain to employ the assistance of a skilled and experienced Milwaukee automobile accident attorney. At Gimbel, Reilly, Guerin & Brown, LLP, we offer more than 40 years of experience, and we provide aggressive representation that ensures your rights and best interest are protected. Ask how we may be able to help you by calling 414-271-1440 and scheduling your consultation.
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Injured Person's Duty to Mitigate Damages
If you have sustained serious injuries in a car accident, it may take weeks, months, or even years to fully recover. During the course of your recovery, your doctors and physical therapists will likely give you instructions to follow and things to work on at home. Did you know skipping these exercises or failing to follow your doctor’s advice could cost you money on your accident claim?
When the Other Side Asks about Your Recovery
While many car accident cases are settled long before going to trial, others end up in different parts of the justice system. This happens when an insurance company refuses to offer a reasonable settlement, or when the statute of limitations is close and a lawsuit must be filed to preserve your rights.
After a lawsuit is filed, the lawyers for the other side will want to start the discovery process. This includes requesting copies of any of your medical records they do not already have, and requesting you to undergo a deposition.
During the deposition, you will be sworn to tell the truth. The lawyer for the other side will ask you questions. One of the areas they will ask about is your recovery. You may be asked about what exercises or stretches you were instructed to do. You may be asked if you did those stretches.
Your Responsibility to Mitigate Damages
Under the law, you have the right to be compensated for your injuries when they were caused by the negligence of someone else, but you also have a duty to mitigate those damages. This means you have to make the effort to keep things from getting worse than they are.
Lawyers for the other side in a personal injury lawsuit may be able to successfully argue that if you failed to listen to your doctor and do your exercises or stretches at home, you failed to mitigate your damages. If a judge or jury believes this argument, then the amount of damages you recover can be reduced.
If you or someone you love has been hurt in a car accident, you need to talk with a knowledgeable Milwaukee personal injury lawyer. You only have so much time to bring a claim. Call the law firm of Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 today to setup your consultation.
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New Tort Reform Bill Proposed on Collateral Source Payments Hurts Responsible People
Recently, the Republicans in the State House and Senate have proposed yet another radical change to the landscape of Wisconsin law. This proposal, AB-539/SB-405, risks the benefits of every Wisconsin citizen across the state who pays for insurance. What does “collateral source” mean and why is it important?
If you are injured in an accident by another party, whether it be a person or a business, you are entitled to be compensated for your medical bills that were incurred due to the accident. Now, if you have insurance through your job or have paid out of pocket for health or car insurance, those premiums you have paid require the insurance companies to pay some or all of your medical bills in accordance with your policy agreement. Your insurance companies often have negotiated agreements or other deals with healthcare providers to provide discounts in exchange for their payments (and presumably network approval of their facility). That is a benefit the consumer reaps by fulfilling their personal responsibility in obtaining and maintaining insurance.
Safety Factors in Wisconsin Snowmobile Accidents
Wisconsin has one of the highest national averages for snowfall and accumulation, which makes it a prime location for snow sports and recreational activities, like snowmobiling. Unfortunately, these activities are not without risk, including the potential for a fatal accident. Proper gear, safety knowledge, and proper equipment maintenance can help reduce those risks, but there are still fatalities each year. Information from the Department of Natural Resources (DNR) indicates that alcohol consumption and/or excessive speed are often a factor.
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Changes to Wisconsin’s Sexual Assault Laws Could Be on the Way
Current law defines sexual assault (at minimum) as any intentional, non-consensual sexual touching of intimate parts, directly or through clothing, for the purpose of sexual gratification or victim humiliation. Some lawmakers are looking to make changes to that law that would greatly alter the definition of touching. It would also further restrict who is allowed to give consent in any given situation.
In tandem to those proposed changes, lawmakers in Wisconsin recently introduced a new bill that is designed to provide protections to underage assault victims. Both measures are intended to mostly target college campus and high school sexual assault crimes, but the implications have a much wider net with a penalty that could impose charges, even if no intent exists.
Affirmative Consent, Touching, and the Physically Disabled
How Often Do Wrongful Arrests, Convictions, and Imprisonment Occur?
While most of us would like to believe that wrongful convictions are rare, the real truth is that they are more common than most people realize. Steven Avery, who spent 18 years in jail for a rape he did not commit, and a San Francisco man who spent six years in jail while awaiting trial for a violent mugging that he never did are just two people wronged by our justice system. But they are many. They are also largely unpublicized and undisclosed to the general public.
Study Estimates More than 10,000 Innocent People Are Convicted Each Year
A recent study asked 188 judges, state attorneys general, prosecuting attorneys, public defenders, police chiefs, and sheriffs to estimate the prevalence of wrongful conviction in the United States. Approximately 72 percent of them estimated that less than one percent, but more than zero, received a wrongful conviction.
