At stake is our basic understanding of the difference between right and wrong. If someone commits a wrongful act but, due to a mental illness or defect, wasn't able to recognize that what they were doing was wrong, we don't consider them to have committed a crime.The...
homicide
Philadelphia’s reform prosecutor moves against over-charging
Despite the obvious momentum for criminal justice reform demonstrated in the recent election and the potential passage of the First Step Act, many prosecutors around the country continue to engage in harsh, "tough on crime" tactics. One exception who bears watching is...
Blood-spatter expert admits testimony in murder case was incorrect
Joe Bryan's wife Mickey was murdered in 1985. He was the prime suspect, but there was little concrete evidence against him. He had a strong alibi. A so-called expert witness on blood-spatter evidence, however, pointed to a blood-speckled flashlight found in the trunk...
California may abolish the felony murder rule. Should Wisconsin?
Shawn K. was 15 when he and three other teens broke into a neighbor's house looking for cash. Shawn's job was to guard the back door. Unfortunately, things did not go as expected and the homeowner was seriously injured and ultimately died. Although no one, not even...
‘The Staircase’ documents a fall that led to a murder conviction
In 2001, North Carolinian Michael Peterson called 911, frantic at finding his wife Kathleen unconscious at the bottom of a staircase. He said she must have slipped and fallen after drinking wine and taking valium. To most, it probably seemed like a tragic accident.Not...
Is it too cruel to execute people who are old or sick?
Last week, the U.S. Supreme Court agreed to hear an appeal on behalf of a 67-year-old Alabama death row inmate. After suffering at least two serious strokes, Vernon Madison has dementia. His speech is slurred and he says things that don't make sense. He is also blind...
State special master says he’s actually innocent. Now he waits.
David Robinson was convicted of first-degree murder in 2001, but it seems that conviction was wrongful. The state said he shot a woman from his hometown in 2000. The victim was killed outside a bar she owned with her fiancée, perhaps over $300 in receipts. Robinson...
Judge tosses Alford plea of wrongfully convicted man
Demetrius Smith always insisted he was not involved in the 2008 shooting he was convicted of. He never agreed to plead guilty. He entered what is known as an "Alford plea," which is essentially a no contest plea. The defendant maintains his or her innocence while...
Open records of crime lab backlogs at odds with Schimel’s claims
On July 27, USA TODAY NETWORK-Wisconsin sent an open records request to the Wisconsin Department of Justice. It was seeking reports on the operations of the state crime lab and whether there continue to be backlogs in processing evidence. Hours after the request was...
Is the US murder rate really the highest it has been in decades?
We can probably all agree that this election season has been pretty light on hard facts. For example, it appears that some Americans have the misimpression that murder is currently at its highest rate in 45 years. In fact, just the opposite is true.Why does that...