% FOR YOUR COVERAGE THROUGH THESE
% ELECTION SEASONS.%>> THANKS,
FRED.
% >> AT THE BOTTOM OF TUESDAY'S
% BALLOT WERE TWO QUESTIONS POSED
% TO VOTERS TO AMEND THE STATE
% CONSTITUTION.
% THE FIRST QUESTION ON EXPANDING
% CONDITIONS OF RELEASE PASSED
% WITH MORE THAN 66% VOTING YES.
% THE SECOND QUESTION ON EXPANDING
% WHEN CASH BAIL CAN BE IMPOSED
% ALSO PASSED WITH MORE THAN 67%
% VOTING YES.
% FOR SOME IN THE COURT SYSTEM,
% THIS WAS GOOD NEWS.
% FOR OTHERS WHO OPPOSED THE
% MEASURES, THEY'RE WARNING OF THE%
CONSEQUENCES.
% >> IT GOES BACK TO 2017, WHERE
% THIS WAS FIRST FLOATED TO AMEND
% THE WISCONSIN CONSTITUTION,
% REALLY GAINED MORE TRACTION
% AFTER THE WAUKESHA PARADE
% MASSACRE WITH DARRELL BROOKS.
% >> THE TWO SIDES OF THE
% COURTROOM HAVE COME DOWN ON
% OPPOSING SIDES OF THE QUESTIONS
% THAT CAME BEFORE WISCONSIN
% VOTERS.
% >> OUR WISCONSIN DISTRICT
% ATTORNEY'S ASSOCIATION HAS
% SUPPORTED THIS CONSTITUTIONAL
% AMENDMENT AND WE ARE VERY
% EXCITED THAT THE VOTERS OF
% WISCONSIN JOINED US IN
% OVERWHELMINGLY VOTING TO GIVE
% MORE FACTORS FOR OUR JUDGES TO
% LOOK AT WHEN SETTING CASH BAIL
% AS WELL AS SOME OF THE
% NON-MONETARY BAIL CONDITIONS, SO
% IT SHOULD HAVE A NETEFFECT OF
% MAKING WISCONSIN SAFER, BUT ALSO
% ENSURING THAT OUR JUDGES ARE ALL
% SETTING BAIL WITH THE SAME%RU
LES.
% >> WE DID SEEK AGAINST THE
% AMENDMENTS WHEN THEY WERE MAKING
% THEIR WAY THROUGH THE
% LEGISLATIVE PROCESS, REALLY OUR
% PRIMARY CONCERN WITH THEM IS THE
% EXPANDED ROLE THAT MONEY WOULD
% PLAY IN THE BAIL SYSTEM.
% UNDER THE AMENDMENT, BECAUSE
% FUNDAMENTALLY, CASH IS NOT A
% GUARANTEE OF PUBLIC SAFETY AND
% THESE ARE GOING TO HAVE
% SIGNIFICANT IMPACT ON THE NUMBER
% OF INDIVIDUALS WHO ARE IN
% CUSTODY WHILE STILL PRESUMED
% INNOCENT.%>> OVERALL, THE AM
ENDMENTS
% PASSED WILL EXPAND THE CRITERIA
% JUDGES CAN CONSIDER WHEN SETTING
% PRETRIAL RELEASE CONDITIONS.
% >> WHEN YOU LOOK AT WHAT CASH
% BAIL WAS FOR PRIOR TO THIS
% AMENDMENT, THE ONLY REASON IN
% THE WISCONSIN CONSTITUTION THAT
% ALLOWED FOR CASH BAIL WAS TO
% ASSURE A DEFENDANT'S APPEARANCE
% IN COURT AND NOW IT SAYS THAT WE
% LOOK AT THE DROWSINESS OF THE
% DEFENDANT, WE LOOK AT THE PRIOR
% CRIMINAL RECORD OF THE ACCUSED,
% WE LOOK AT THE DEFENDANT
% APPEARING IN COURT.
% WE ALSO LOOK AT PROTECTING
% WITNESSES FROM SERIOUS HARM.
% SO THERE ARE A NUMBER OF
% ADDITIONAL FACTORS THAT A JUDGE
% IS NOW ABLE TO LOOK AT TO
% DETERMINE IF CASH BAIL IS
% APPROPRIATE.
% >> BY EXPANDING THE NUMBER OF
% CONSIDERATIONS, YOU TAKE AWAY
% THE ABILITY TO ARGUE THAT THIS
% PERSON WILL SHOW UP IN COURT IN
% THE FUTURE AND THAT LIMITS THE
% ABILITY TO ARGUE AGAINST CASH
% BAIL.
% >> THE USE OF CASH FOR S.P.D.
% CLIENTS WHO ARE BY DEFINITION
% POOR, EVEN LOW CASH BAIL AMOUNTS
% OF $250, $500, COULD BE ENOUGH
% TO KEEP THEM IN JAIL, AND SO
% WHEN WE INCREASE THE ROLE OF
% CASH AND NUMBER OF SITUATIONS IN
% CASES WHERE IT'S USED, WE'RE
% GOING TO SEE AN INCREASE IN THE
% NUMBER OF PEOPLE WHO CAN'T
% AFFORD TO PAY THAT CASH BAIL AND
% WHO ARE HELD IN CUSTODY.
% >> I'VE HAD JUDGES THAT WILL ASK
% SOMEBODY, HOW MUCH MONEY DO YOU
% HAVE IN YOUR POCKET RIGHT NOW?
% $10.
% OKAY.
% THAT'S WHAT WE'RE GOING TO ORDER
% FOR CASH.
% THERE ARE TIMES WHERE WE'LL MAKE
% A REQUEST FOR 25, 50, MAYBE A
% HUNDRED DOLLARS, WHERE IT'S
% SOMETHING THAT WE BELIEVE A
% DEFENDANT MIGHT BE ABLE TO POST,
% BUT WE ALSO UNDERSTAND THAT
% COULD BE A SIGNIFICANT AMOUNT OF
% MONEY FOR THAT PARTICULAR
% DEFENDANT, DEPENDING ON THEIR
% CIRCUMSTANCES, BUT IT DOESN'T
% REQUIRE A JUDGE TO ORDER CASH
% BAIL AND THERE ARE ALREADY
% PROTECTIONS IN OUR LEGAL SYSTEM
% FOR DEFENDANTS WHO HAVE CASH
% BAIL ORDERED.
% IT'S ALSO THOSE NON-MONETARY
% CONDITIONS THAT THE -- ONE OF
% THE AMENDMENTS ADDRESSED TO LOOK
% AT SERIOUS HARM, NOT JUST WHAT
% WAS PREVIOUSLY SERIOUS BODILY
% HARM.%SO THERE ARE OTHER FAC
TORS THAT
% JUDGES NOW GET TO LOOK AT
% WHEN -- IF THEY'RE NOT GOING TO
% ORDER CASH, NOW THE JUDGES HAVE
% AN EXPANDED ABILITY TO LOOK AT
% THE HARM THAT MIGHT BE ECONOMIC,
% EMOTIONAL, OTHER TYPE OF
% POTENTIAL HARM THAT COULD BE
% CAUSED.
% >> THE LIST IS BEYOND WHAT I
% THINK MOST PEOPLE WOULD CONSIDER
% TO BE VIOLENT.
% IT INCLUDES CRIMES SUCH AS
% DISORDERLY CONDUCT, IF YOU HAVE
% A KNIFE OR OTHER LOW LEVEL
% OFFENSES THAT RIGHT NOW ARE NOT
% EVEN OFTEN CHARGED.
% >> THE MOST IMPORTANT THING TO
% UNDERSTAND IS KEEPING AN EYE ON
% THE IMPACT ON PUBLIC SAFETY.
% AS I SAID, THE RESEARCH AND
% EVIDENCE SUGGESTS THAT WE WON'T
% SEE A DECREASE IN CRIME RATES AS
% A RESULT OF THIS.
% IN FACT, THERE MAY BE A SLIGHT
% UPTICK.%THAT'S ALSO WHY THE
RESEARCH
% SHOWS THAT A BETTER MODEL IS ONE
% THAT IS BASED ON RISK ASSESSMENT
% AND NOT THE RULE OF CASH BAIL.
% THERE'S GOING TO BE A
% REALIZATION IN THE VERY NEAR
% FUTURE THAT THIS HAS SIGNIFICANT
% IMPACT ON COST TO COUNTIES IN
% TERMS OF INCREASED JAIL
% POPULATION.
% >> PROBABLY IT MAY BE HARD TO
% SEE EXACTLY HOW THIS PLAYS OUT
% IN DIFFERENT COUNTIES AND YOU
% MIGHT BE ABLE TO LOOK AT JAIL
% POPULATION TO SEE IF A COUNTY IS
% EXPERIENCING A HIGHER NUMBER OF
% DEFENDANTS PRETRIAL IN JAIL,
% THAT A NUMBER THAT CERTAINLY CAN
% BE LOOKED AT, BUT YOU CAN'T LOOK
% AT THAT IN ISOLATION BECAUSE
% SOMETIMES THERE CAN BE AN UPTICK
% IN CRIME THAT COULD BE
% RESPONSIBLE FOR THAT OR IT COULD
% BE THAT CASES ARE TAKING LONGER
% TO RESOLVE BECAUSE OF OTHER
% ISSUES.% >> NOW WE HAVE TO
WAIT AND SEE
% HOW THIS HAS PRACTICAL IMPACT
% DAY TO DAY, COUNTY-BY-COUNTY,
% JUDGE-BY-JUDGE, AND TRY AND
% FIGURE OUT WHAT SOME OF THOSE
% PRACTICAL IMPACTS ARE.
% AND THEN THAT OTHER QUESTION TO
% ASK IS, YOU KNOW, WHEN THE
% COUNTY BOARDS ARE CONSIDERING
% THE BOND EACH SUMMER AND FALL
% WHEN THOSE COSTS GO UP AND THE
% TAXPAYERS ARE ASKED TO SHOULDER
% THAT BURDEN, IS THIS HOW YOU