Murder is always a felony, so why do we have the term “felony murder”? It refers to a rule that most states, including Wisconsin, follow. When a person decides to participate in a felony of any kind, they can be charged with murder if someone dies as a result of that...
Criminal Defense
Evers pushes juvenile justice overhaul, legislature may push back
In 2018, former governor Walker and lawmakers agreed in principle to shut down the Lincoln Hills and Copper Lake youth prisons, which have a history of abuse. The idea was to replace them with several new facilities, including a new state prison for serious juvenile...
Top Biden science advisor wrote seminal report on forensic science
In 2016, the President’s Council of Advisers on Science and Technology (PCAST) issued a report on the reliability of various forensic science techniques. The report was earth-shaking for the forensic science community. It concluded that there was insufficient...
The IRS is buying and using location data without a warrant
In 2018’s Carpenter v. United States, the U.S. Supreme Court ruled that law enforcement is generally not entitled to use cell site location information unless it obtains a warrant for the information. This means that state and federal law enforcement agencies cannot...
Can police follow you into your home over an alleged misdemeanor?
Arthur L. was playing his music loudly and honking his horn. That got the attention of a California highway patrol officer, who began following Arthur from a distance. The officer intended to initiate a traffic stop but didn’t take any action like activating his...
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...
What kinds of police raids should we tolerate?
Another high-profile case of mistaken identity recently played out in Nashville. Police officers, acting on bad information, raided a family home at 6:05 a.m. They apparently knocked but gave the family no time to answer before knocking their door down with a ram. Can...
Many police interrogation techniques are causing false confessions
False confessions are a real danger in the criminal justice system. According to the National Registry of Exonerations, 12% of all exonerations since 1989 involved a false confession. According to the Innocence Project, that number goes up to 62% when considering...
Should a criminal record be a life sentence to poverty?
Did you know that one in every three Americans has some type of criminal record? That’s 70 million people. Unfortunately, having a criminal record is extremely stigmatized, and it can keep you in poverty for a long time. According to the Clean Slate Initiative, nearly...
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...