Strong Support for Marijuana Legalization in Law School Poll, But Results for Other Drugs Harder to Interpret

July 16th, 2016

In the Marquette Law School Poll conducted earlier this month, fifty-nine percent of registered Wisconsin voters agreed that marijuana “should be fully legalized and regulated like alcohol.” Only thirty-nine percent disagreed.

Support for legalization in Wisconsin follows the recent decisions to legalize marijuana in Colorado and Washington in 2012, and in Oregon and Alaska in 2014. Nationally, support for legalization has grown steadily since the early 1990s and finally crossed the fifty-percent threshold in 2013.

In the Law School Poll, respondents were asked which arguments for legalization they found most convincing.

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Please Support Clemency Petition of Adam Clausen

July 7th, 2016

With a wonderful group of Marquette law students, I have been working this year to help about a dozen federal prisoners apply for clemency (sentence reduction) from President Obama. All but one are applying through Clemency Project 2014 as nonviolent offenders. Adam Clausen is the odd man out. He was convicted of a string of robberies in 2000, but is nonetheless a very deserving clemency candidate. Indeed, I know of no more compelling case for a sentence reduction. Adam is doing extraordinary work in prison to help fellow inmates turn their lives around and prepare for reentry. He is a leader and innovator in his institution, helping to design and run programs that are receiving national attention. His request for clemency is being supported by his warden and many other prison officials, which is highly unusual. If released early, he is a sure bet not only to avoid future crime, but also to have a tremendous positive impact on the lives of many others.

In order to give his clemency request an extra boost, his supporters have put a petition on change.org. I have signed on, and I encourage others to do so, too.

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New Article on Wisconsin Sentencing

March 16th, 2016

My paper on Wisconsin sentencing for Oxford Handbooks Online is now available.  Apologies for the paywall.  Here is the abstract:

This essay provides an overview of sentencing policies and practices in the state of Wisconsin and considers their impact on the state’s imprisonment rate. Current policies and practices are placed in historical context. Since 1980, state policy has increasingly emphasized the role of the local sentencing judge in determining punishment. Most importantly, a 1998 law ended discretionary parole, which had served as a check on the increasing severity of judge-imposed sentences. Although the state’s prison population remains near its record high of the mid-2000s, there seems little interest in adopting new restrictions on judicial sentencing discretion or otherwise restructuring the sentencing and corrections system in a fundamental way. The essay concludes by describing some more modest reforms that seem politically viable in the near term.

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Public Attitudes Toward Truth in Sentencing

January 30th, 2016

The final version of my article “Imprisonment Inertia and Public Attitudes Toward ‘Truth in Sentencing'” is now available at the BYU Law Review website.  Coauthored with Darren Wheelock, this article is based on research conducted through the Marquette Law School Poll.  Here is the abstract:

In the space of a few short years in the 1990s, forty-two states adopted truth in sentencing (“TIS”) laws, which eliminated or greatly curtailed opportunities for criminal defendants to obtain parole release from prison. In the following decade, the pendulum seemingly swung in the opposite direction, with thirty-six states adopting new early release opportunities for prisoners. However, few of these initiatives had much impact, and prison populations continued to rise. The TIS ideal remained strong. In the hope of developing a better understanding of these trends and of the prospects for more robust early release reforms in the future, the authors conducted public opinion surveys of hundreds of Wisconsin voters in 2012 and 2013 and report the results here. Notable findings include the following: (1) public support for TIS is strong and stable; (2) support for TIS results less from fear of crime than from a dislike of the parole decisionmaking process (which helps to explain why support for TIS has remained strong even as crime rates have fallen sharply); (3) support for TIS is not absolute and inflexible, but is balanced against such competing objectives as cost-reduction and offender rehabilitation, (4) a majority of the public would favor release as early as the halfway point in a prison sentence if public safety would not be threatened, and (5) a majority would prefer to have release decisions made by a commission of experts instead of a judge.

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Marquette Poll Reveals Support for Rehabilitation of Prisoners

October 4th, 2015

For the past four years, Darren Wheelock and I have collaborated with Charles Franklin and the Marquette Law School Poll on a series of surveys of public attitudes toward sentencing and corrections policy in Wisconsin.  Our 2015 results, released last week, seem to show remarkably high levels of support for prisoner rehabilitation.  Of those who were asked, more than 80% expressed support for each of the following:

  • Expanding counseling programs for prisoners
  • Expanding job training programs for prisoners
  • Expanding educational programs for prisoners
  • Helping released offenders find jobs

At the same time, there are also indications of substantial, if somewhat lower, levels of support for various punitive policies:

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Rodriguez v. United States: Supreme Court Says No to Prolonged Traffic Stops

June 27th, 2015

Earlier this week, the Supreme Court decided City of Los Angeles v. Patel, the fourth and final of its search-and-seizure cases this term. In Patel, the Court overturned a city ordinance requiring hotel operators to share information about their guests with the police.

Patel confirmed this as a good term for Fourth Amendment rights, joining Grady v. North Carolina (GPS tracking of sex offender counted as search for Fourth-Amendment purposes) and Rodriguez v. United States (police improperly extended traffic stop to conduct dog sniff of car). Less favorable, though, was Heien v. North Carolina (no suppression of evidence obtained after traffic stop that was based on officer’s reasonable mistake of law).

The remainder of this post will focus on Rodriguez, which strikes me as the most interesting of the Fourth-Amendment series. Broadly speaking, at issue was the extent to which the police can go on a fishing expedition when they pull over a driver for a traffic violation.   Read the rest of this entry »

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Ohio v. Clark: The Supreme Court’s Latest Pronouncement on the Confrontation Clause

June 25th, 2015

By guaranteeing criminal defendants the right to confront their accusers, the Sixth Amendment limits the ability of the government to use hearsay evidence against defendants at trial.  Importantly, though, the Confrontation Clause only limits the use of statements that are “testimonial” in nature.  A pair of Supreme Court cases from 2006 clarified what makes a statement testimonial, but left an important question unanswered.  Last week, the Court finally provided an answer (sort of) in Ohio v. Clark.

Clark featured an unusually unsympathetic defendant who was convicted of physically abusing his girlfriend’s two very young children.   Read the rest of this entry »

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Elonis v. United States: SCOTUS Again Adopts Narrowing Construction of Criminal Statute

June 2nd, 2015

As I noted in my post last week, the Supreme Court has a variety of interpretive tools at its disposal to rein in the ever-expanding reach of federal criminal law.  Right on cue, the Court demonstrated the use of one of these tools this week in Elonis v. United States.  

Elonis, a self-styled rapper, posted a variety of lyrics with violent themes on his Facebook page.  Some of these lyrics related to his wife, some to coworkers, and some to law-enforcement personnel, among others.  Elonis was eventually convicted under 18 U.S.C. §875(c), which prohibits individuals from transmitting in interstate commerce “any communication containing any threat . . . to injure the person of another.”

The Supreme Court reversed, ruling that Elonis’s jury had been improperly instructed.

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Yates v. United States: Overcoming Plain Meaning

May 26th, 2015

As we enter the home stretch of the Supreme Court term, I have been reviewing the criminal cases already decided by the Court this year. For my money, the most interesting is Yates v. United States, which presents a classic statutory interpretation problem. This was the fish case that got a fair amount of whimsical press coverage when it came out. Even the Justices proved incapable of avoiding fish puns in their opinions, but I’ll do my best not to get caught in that net. (Oops.)

Yates captained a commercial fishing vessel that was catching undersized grouper in violation of federal law. Following an inspection, some of the illegal catch was thrown back into the sea on Yates’s orders, presumably to avoid penalties. Yates was eventually convicted under 18 U.S.C. §1519, which authorizes a prison term of up to twenty years for anyone who “knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States . . . or in relation to or contemplation of any such matter.”

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Final Version of Good Conduct Time Paper Is Now Available

April 6th, 2015

The new issue of the Marquette Law Review includes my paper, “Good Conduct Time for Prisoners: Why (and How) Wisconsin Should Provide Credits Toward Early Release.”  This paper expands considerably on my article on the same topic in the Wisconsin Lawyer.  My full corpus on GCT is here.

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