One of the most well-known and frequently quoted legal maxims is this: it is “better that ten guilty persons escape than that one innocent suffer.” That was written by Sir William Blackstone in 1765, but it is far from the first or only expression of the idea....
racial disparities
Bail measure passes legislature, will become ballot question
Recently, the legislature passed a measure to change how bail is determined in Wisconsin. It has passed twice in consecutive legislative sessions, which means that it will now head to our April ballot as a constitutional amendment. How bail is determined is critically...
How can we prevent race discrimination in jury selection?
Among the many pressing problems in our criminal justice system is the reality that prosecutors sometimes try to prevent people of color from serving on juries. The reasoning must be that people of color are more likely to be anti-police or pro-defense than white...
People aren’t still getting arrested for weed possession, are they?
According to multiple polls, around 70% of Americans support the legalization of marijuana for adult use. And, marijuana is legal, at least for medical use, in the majority of U.S. states – and the total number of states where it is legal keeps growing. Currently,...
Crime prediction software is here. Data show it perpetuates bias.
Statistics have long shown that people of color are no more likely, due to their races, than White people to commit crimes. However, according to the federal Bureau of Justice Statistics, Black people, Latinos, and poor people are more likely that wealthier white...
1 in 36 Black men in Wisconsin is in prison
A new report by The Sentencing Project places Wisconsin at the top of a grim list. It imprisons more of its African-American male adults than any other state. In fact, one in every 36 Black men in Wisconsin is incarcerated. This is a staggering fact on its own, but it...
50 years in, evidence mounts against the War on Drugs
The War on Drugs was initiated in June 17, 1971, by President Richard Nixon. Any way you look at it, this effort to reduce drug use and the consequences of addiction has failed. Meanwhile, it has arguably been responsible for many of the most destructive criminal...
Curtis Flowers, tried 6 times for murder, finally set free
The state of Mississippi tried Curtis Flowers for murder six times. He was convicted in four trials, while another two ended in mistrials. Yet each of the convictions was overturned. In 2010, after his sixth trial, Flowers was given the death penalty. In June of 2019,...
Unrest in Kenosha highlights racial disparities in policing
Until recently, many people in Wisconsin may have assumed there was little or no problem in Wisconsin with racial disparities in policing. After a Kenosha police officer shot Jacob Blake in the back recently, however, protests erupted in the city of 99,000. The...
Kicked off the jury because she thinks Black lives matter
When prosecutors and defense attorneys pick a jury, they can ask any relevant question of the potential jurors. When a potential juror's answer indicates they cannot be impartial, the lawyer can legally keep them off the jury. In addition, each side gets a limited...