St. Louis Post-Dispatch: St. Louis seeks attorney's fees from protester who won jury award in police brutality case.
WMFE: Lake County to remove surveillance cameras on county property and roads. Commissioner Josh Blake raised the issue of roadside surveillance last month after the crime-fighting technology company Flock Safety set up 98 cameras reading license plates in Lake County. America: The U.S. economy sets the formerly incarcerated up for failure. But the aftermath of incarceration “is an undercovered story, while 600,000 people leave prison every year,” said Ms. (Wanda) Betram of the Prison Policy Initiative. To put it broadly, they struggle. In the United States, 76.6 percent of prisoners are rearrested within five years, compared to 20 percent in Norway, where the concept of imprisonment is geared toward rehabilitation instead of punishment. How we treat people coming out of prison is a measure of the morality of our economy. “Often when leaving prison, the person finds himself in a world that is alien to him and that does not recognize him as trustworthy, even excluding him from the possibility of working to obtain a decent livelihood,” Pope Francis said in a 2019 speech to leaders of Catholic prison ministries. “By preventing people from regaining the full exercise of their dignity,” they are exposed again to the lack of opportunity that often contributed to their committing a crime in the first place. Politico: Biden administration says it will again try to end Trump's "remain in Mexico" policy. The New Yorker: Trump still faces a reckoning in New York. More links and stories on our Facebook page!
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Note: We are crunching Supreme Court of Wisconsin decisions down to size. The rule for this is that no justice gets more than 10 paragraphs as written in the actual decision. The "upshot" and "background" sections do not count as part of the 10 paragraphs because of their summary and very necessary nature. We've also removed citations from the opinion for ease of reading, but have linked to important cases cited or information about them. Italics indicate WJI insertions except for case names, which also are italicized. The case: State of Wisconsin v. Adam W. Vice Majority/Lead Opinion: Justice Jill J. Karofsky (27 pages), joined by Justices Annette K. Ziegler, Patience Roggensack, Rebecca Grassl Bradley, and Rebecca F. Dallet; joined in part by Justice Brian Hagedorn. Justice Ann Walsh Bradley withdrew from participation. Concurrence: Hagedorn (3 pages) ![]() The Upshot We conclude that the statements Vice made during his post-polygraph interview are admissible because: (1) the interview was discrete from the polygraph examination; and (2) the statements were not the product of police coercion, and therefore were voluntary. Accordingly, we reverse the decision of the court of appeals. Background
On December 4, 2014, Investigator William Fisher of the Washburn County Sheriff's Department—who was investigating child sexual assault allegations in which a four-year-old girl reported to her caregiver that Vice had sexually assaulted her—met with Vice at Vice's workplace. During their meeting, Vice denied any wrongdoing and discussed with Fisher whether "there was anything [Vice] could do to clear [his] name." Fisher suggested that Vice take a polygraph examination; Vice agreed to do so. Four days later, Vice called Fisher to arrange the polygraph examination. It was scheduled for 10:00 a.m. on December 11 at the Eau Claire Police Department. . . . *** Upon (Vice) arriving at the police station, Eau Claire Police Detective Ryan Lambeseder escorted Vice to the polygraph examination room, while Fisher went to an observation room. Prior to the start of the polygraph examination, Vice signed a "Waiver of Rights" form that recited his Miranda rights. He also signed a "Polygraph Examination Consent" form, which Lambeseder read aloud to him, indicating that he "voluntarily: without threats, duress, coercion, force, promises of reward or immunity, agree[d] and stipulate[d] to submit to take a polygraph (truth verification) examination." *** The polygraph examination lasted one hour and 45 minutes. During that time, Lambeseder never raised his voice, threatened Vice, or made any promises to him, and Vice made no admissions of wrongdoing. After the polygraph examination concluded, Vice again signed the Polygraph Examination Consent Form. Once Vice signed the second form, Lambeseder escorted him to a separate interview room. Vice sat at a small table, facing the door with a wall behind him. Fisher and Lambeseder joined him ten to 15 minutes later to commence the interview. Over the course of the approximately 45-minute interview, Fisher and Lambeseder made at least 11 references to Vice's polygraph results. The first four references took place immediately, when Lambeseder told Vice, "You didn't pass the exam." Lambeseder continued: "[T]he questions regarding [the victim], it's very clear, Adam, that you weren't telling the truth . . . . And I can tell on that exam, okay?" The fifth reference occurred soon after, when Vice asked if it was possible that he "blacked out" and Lambeseder responded, "You do remember doing it, otherwise you wouldn't react the way you did on the exam, okay?" The next three references occurred intermittently over the next few minutes, and referred to Vice's "reactions" without specifically referencing the polygraph examination. For example, "It's not blocked out . . . because you've reacted". About a minute later (eight minutes into the interview), Vice offered his first inculpatory statement in response to Fisher's assurances that the criminal justice system would address his case more leniently if the assault was "an isolated mistake" and Vice "underst[ood] that he messed up." Vice's initial statement admitting to the assault was responsive to Lambeseder telling Vice to "[b]e truthful." Vice said, "It's going to sound really shitty for me to say this right now, but I sexually assaulted [the victim]." Two minutes later (ten minutes into the interview) Vice stated, "I'll admit that I must have did it because obviously the test says that I did it, but I don't physically remember". . . . Vice then discussed his access to the victim, and Lambeseder urged Vice to tell the truth and take responsibility. Vice answered some “yes/no” questions and eventually provided details about the sexual assault. Vice was charged with one count of sexual contact with a person under the age of 13. He filed a motion to suppress the statements made during his post-polygraph interview, arguing that they were involuntary due to coercion by the officers’ repeatedly telling him he failed the polygraph examination. The circuit court granted Vice’s motion to suppress, finding that Vice was “overwhelmed by the somewhat coercive pressuring nature of the overt references to the failed test.” The court of appeals affirmed, finding that the officers’ multiple references to the polygraph results and the test indicating that Vice committed the offense, while failing to inform Vice that the test results were not admissible in court, were coercive and rendered Vice’s statements involuntary. WJI reported on the court of appeals decision here. The Trace: Milwaukee's 2020 homicide rate was higher than Chicago's.
AP via WEAU: State Senate approves proposed "born alive" law. The state Senate has approved a bill that would make health care providers who let a child that survives an abortion die guilty of a felony. The Republican-authored measure would require health care provider to exercise the same degree of skill and care to save the child’s life as they would provide for any other child born alive. Violators would be guilty of a felony punishable by up to six years in prison. The bill would make killing a child born alive as the result of an abortion a felony punishable by life in prison. The New York Times: Trump loses lawsuit to enforce non-disclosure agreement against Omarosa Manigault Newman, former aide who wrote a tell-all book. The Hollywood Reporter: Judge rules against Trump in song copyright case. The suit came from Eddy Grant over use of his 1983 earworm “Electric Avenue.” The song was used in an online ad during the last campaign that had a cartoon version of Joe Biden driving an old-fashioned train car interspersed with his rival’s speeches. Milwaukee Journal Sentinel: Former Milwaukee Police Chief Alfonso Morales tapped to head Fitchburg Police Department.
NBC: Electronic monitoring is not freedom and it has problems. Courthouse News Service: Seventh Circuit hears arguments over constitutionality of Wisconsin's hunter protection law. The amendment to the state’s 1990 hunter protection law was passed in 2016. It prohibits individuals from “maintaining a visual or physical proximity” to hunters on state land as well as “photographing, videotaping, audiotaping, or through other electronic means, monitoring or recording” them. Above the Law: Lawyer blames kombucha tea for her drunk driving. Texas Tribune: Migrants held in Texas border crackdown are being held for weeks without lawyers or charges being filed. Under Texas law, criminal defendants must be assigned an attorney within three days of asking for one. State statute also requires that defendants be released from jail if prosecutors delay cases by not filing charges quickly. For trespassing, the charge on which the vast majority of the imprisoned migrants were arrested, that deadline is set at 15 or 30 days, depending on the charge level. Both of those deadlines have fallen by the wayside as (Gov. Greg) Abbott, a former Texas Supreme Court justice and state attorney general, pursues his initiative for state police to arrest migrants suspected of illegally entering the country for state crimes such as trespassing or human smuggling. Since the effort began in July, about 1,000 migrants have been sent to two Texas prisons converted into immigration jails. On Friday, nearly 900 men remained locked up, prison officials reported. More links and stories on our Facebook page! Law360: Four access-to-justice cases to watch.
The Intercept: Federal prison switching to scanned mail is a surveillance nightmare. IN FEBRUARY 2020, the Bureau of Prisons issued a request for information on mail scanning services aimed to “reduce costs, streamline BOP operations, eliminate contraband and provide a whole new field of valuable investigative intelligence not currently available.” The ability to retain a “searchable database for each registered sender and all correspondence received” and to store all hard copies of mail for at least 45 days were among the services the BOP sought. Politico: Some cannabis firms see disaster in federal legalization. But the prospect of lifting all federal prohibitions has some business owners, regulators and lawmakers afraid doing so too quickly will invite industry behemoths to eat up small companies and push minority-owned firms out altogether. “It's going to open up a tidal wave of large operators ... sucking up all the capital in the capital markets and essentially rendering social equity participants unable to even get funded,” said Aaron Goines, co-owner of Emerald Turtle, a social equity-owned cannabis delivery company in Massachusetts. “In general for social equity, I think it would be a disaster at this point for federal legalization to occur.” The Hill: Biden administration moves to preserve DACA. The Cap Times: Budget proposal would allow Dane County sheriff's deputies to get online help in mental health emergencies. More links and stories on our Facebook page! Slate: A longshot strategy to preserve Roe v Wade at the Supreme Court: Flatter the conservatives.
The New York Times: Murder rose almost 30% in 2020. About 77 percent of reported murders in 2020 were committed with a firearm, the highest share ever reported, up from 67 percent a decade ago. The change in murder was widespread — a national phenomenon and not a regional one. Murder rose over 35 percent in cities with populations over 250,000 that reported full data. It also rose over 40 percent in cities 100,000 to 250,000, and around 25 percent in cities under 25,000. AP: Teen wins lawsuit over social media post about COVID. NPR: Judge dismisses as too late lawsuits against Ohio State over a team doctor's sexual abuse. JSTOR Daily: Climate change will affect the criminal justice system. More links and stories on our Facebook page! Milwaukee Journal Sentinel: Republicans ask U.S. Supreme Court to halt Wisconsin redistricting lawsuit.
Lawyers for the Republican legislators told the U.S. Supreme Court it should toss aside the challenge in federal court because there's no basis for a lawsuit at this stage. Federal courts have tight rules for when they allow cases to proceed and the Republicans contend there isn't sufficient conflict for the lawsuit to be considered now. Wisconsin Law Journal: Ceremonial swearing in for U.S. Supreme Court Justice Amy Coney Barrett is Oct. 1. Reuters: Abortion providers ask U.S. Supreme Court to intervene in Texas case. In their petition to the Supreme Court, the abortion providers including Whole Woman's Health and other advocacy groups said that the justices should decide if the state can "insulate" its law from federal court review by delegating its enforcement to the general public. The Philadelphia Inquirer: Improvements in infant mortality being overtaken by gun violence. Reuters: Federal appeals court rules woman can sue Facebook for using unauthorized photo. In a dissent, Judge Robert Cowen vigorously disagreed. Cowen bemoaned the majority’s “drastic” ruling, which, he said, had opened the door to chaos, in the form of liability risk under state privacy laws that may -- or may not! -- be fairly defined as intellectual property claims. That’s exactly the sort of unpredictability that Congress was trying to avert when it adopted Section 230 to encourage “unfettered” free speech and innovation on the internet, Cowen said. Facebook’s amici from the Electronic Frontier Foundation and other groups were even more dire in their predictions of the consequences of the theory that the 3rd Circuit majority just adopted: “It (will) upend the legal landscape that has promoted a flourishing internet for decades,” the amici’s brief said. Online sites and services, the brief hypothesized, will be thrown into a panic by their risk of exposure to meritless state-law claims. Some will adopt “draconian measures” to avoid liability, EFF said. Many others, the brief said, “will simply refuse to host user-generated content at all -- and we will all be the poorer for it.” More links and stories on our Facebook page! By Gretchen Schuldt
Milwaukee police are still stopping Black and Hispanic people at a far higher rate than they stop White people, a new report shows. The same is true of police conducting field interviews and frisks. The disparities are getting worse, according to the ACLU of Wisconsin. The new report was prepared by the Crime and Justice Institute as a result of the 2018 settlement of a lawsuit by nine Black and Hispanic/Latino Milwaukee residents alleging that Milwaukee police unlawfully engaged in racially biased stop-and-frisk practices. The nine were represented by the ACLU of Wisconsin, national ACLU, and the law firm of Covington & Burling. As part of the settlement, the Police Department, the Fire and Police Commission, and the city agreed to undertake a number of reforms, including an end to race-based pedestrian and traffic stops. “We’re at a critical moment where the Milwaukee Police Department, three years into the settlement, has failed to achieve compliance for even a single year and continues to over police Black and Latinx people at an alarming, unacceptable, and worsening rate,” Karyn Rotker, senior staff attorney with the ACLU of Wisconsin, said in a prepared statement. “We are also deeply concerned by the lack of adequate supervision and discipline to impose the accountability that this agreement requires.” The Fire and Police Commission also issued a statement that said the city and police department have more work to do to comply with the settlement. "The FPC is fully committed to this essential work, as well as to exercising its critical oversight function to support MPD and hold the Department accountable to meet its settlement obligations," the commission said. The charts below are from the CJI's report. The full report is here. WTMJ: Milwaukee Common Council opposes changes in concealed carry laws.
This comes as lawmakers in the State Capitol push to lower the minimum age to get a concealed carry license to 18 years old. Proposals also call for license holders to be able to have guns in vehicles on school grounds. MedPage Today: COVID vaccines no match for prison Delta outbreak. Axios: Texas restricts access to medical abortion pill. Driving the news: The new bill, Senate Bill 4, prevents physicians or providers from giving out abortion-inducing drugs after seven weeks of pregnancy.
Electronic Frontier Foundation: Stop military surveillance drones from coming home. A federal statute authorizes the Pentagon to transfer surveillance technology, among other military equipment, to state and local police. This threatens privacy, free speech, and racial justice. So Congress should do the right thing and enact Representative Ayanna Pressley’s amendment, Moratorium on Transfer of Controlled Property to Enforcement Agencies, to H.R. 4350, the National Defense Authorization Act for Fiscal Year 2022 (NDAA22). It would greatly curtail the amount of dangerous military equipment, including surveillance drones, that could be transferred to local and state law enforcement agencies through the Department of Defense’s “1033 program.” It has already placed $7.4 billion in military equipment with police departments since 1990. CBS: Amazon says it's time to legalize cannabis. (So does WJI!) More links and stories on our Facebook page! WPR: Milwaukee County mentorship program would help incarcerate individuals with their reentry into the community.
Individuals being released from the Milwaukee County House of Corrections could be paired with community members who have had their own experiences with the justice system. The mentorship is part of a county reentry pilot program local officials are considering to lower recidivism rates in Milwaukee County for young adults leaving the jail. County Supervisor Sequanna Taylor said barriers to finding housing and a job often cause people to commit another crime. She believes connecting people who are leaving the Milwaukee County House of Corrections with community members who have similar experiences will keep them out of the justice system. "Reentering the community is incredibly difficult for individuals who do not have access to necessary support both while incarcerated and as they transition back into life outside a correctional facility," Taylor said. "There is so much more that we can do to prepare people to successfully come home and make sure that they stay home." The Daily Beast: U.S. Attorney General Merrick Garland is letting predecessor William Barr make a mockery of justice. Slate: The judicial crusade to revive Trump's border policy isn't going so well. Donald Trump’s judges share many traits, but a devotion to the truth is not one of them. The Washington Post: The case of Chrystul Kizer, a teenage sex-trafficking victim who killed her abuser, is headed to the Wisconisn Supreme Court. At the heart of the debate is whether Kizer, now 21, should have access to a law known as the affirmative defense. In June, an appeals court ruled that Kizer should indeed have the chance to present evidence that her crime was a “direct result” of the trafficking she experienced. If a judge, and then a jury, ruled in her favor, Kizer could then be acquitted of some or all the charges against her in the death of Randall Phillip Volar III. But prosecutors appealed the June ruling, arguing that the affirmative defense law was never intended to provide a complete defense to someone accused of committing a homicide. The Gazette: Sen. Chuck Grassley doesn't see support for ending powder cocaine / crack sentencing disparity. More links and stories on our Facebook page! |
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