Milwaukee Criminal Defense Law Blog

Did you know that multiple studies have shown that faulty, unscientific or exaggerated forensic science is a major cause of wrongful convictions? According to the National Registry of Exonerations, improper or invalid forensic science has been discovered in approximately 24 percent of all exonerations since 1989.

Now, the lawyers behind the Netflix true crime series "Making a Murderer" have joined the University of Wisconsin law professor who co-founded the Wisconsin Innocence Project to start the Center for Integrity in Forensic Sciences (CIFS). The purpose of the nonprofit is to drive reform in the use of forensic science in criminal cases.

In 2015, Abdisalam Wilwal, Sagal Abdigani, and their four young children were heading home after visiting Canadian relatives when they stopped at the Portal, North Dakota, border station. They are both U.S. citizens and married. Shortly after handing over their papers, they were confronted by armed and aggressive Customs and Border Protection officers. Mr. Wilwal was handcuffed in front of his frightened, crying children.

The CBP officers accused Mr. Wilwal of being a terrorist. Although he denied this, they handcuffed his hands behind his back and left him in a room for hours with no food or water. He eventually passed out and needed paramedics called.

Over 30 years ago, the U.S. Supreme Court ruled that people who cannot afford their court fees or fines should never be locked up for their inability to pay. Yet across the country, nearly half a million people sit in jail awaiting trial -- often simply because they can't afford bail.

Originally, bail was meant to ensure that people would appear at their court dates. Now, however, the system has morphed. Nowadays, wealthy people are nearly always released regardless of the charge, while poor folks typically find themselves trapped in jail even on minor charges. The time they spend locked away -- before they've ever been convicted of anything -- often costs them their jobs, housing and even child custody.

In the criminal justice world, there is something we refer to as the "trial penalty." It is a penalty, in the form of a harsher sentence, for anyone who demands a trial and is then found guilty. In almost every case, defendants convicted at trial are sentenced to far longer than people who accept plea bargains.

It's reasonable, from the prosecution's point of view. Court and prosecution resources are limited, so an incentive for pleading guilty is needed. Just plead guilty -- don't make us go to the trouble and expense of a trial and we'll cut you a break, the prosecution argues.