The jurors in the Mark Jensen trial returned their verdict: murder. Mark Jensen was convicted of First Degree Intentional Homicide, a Class A Felony in the state of Wisconsin punishable by a mandatory life sentence to prison.
Under Wisconsin's sentencing laws, Jensen may be eligible for parole after serving at least 20 years. Parole is at the court's discretion.
Showing posts with label Penalties - WI. Show all posts
Showing posts with label Penalties - WI. Show all posts
Thursday, February 21, 2008
Monday, December 3, 2007
What is an illegal act?
What is an illegal act?
An illegal act is any action proscribed by law. In other words, in order for an act to be a crime, and therefore an illegal act, it must be prohibited under the laws of the state (or federal government), and there must be a penalty provided by law if someone is convicted of committing that act. If the law does not prohibit the act, theoretically then it is not a crime.
However, Wisconsin law has a catch-all statute that provides that if some act is not proscribed by law, but it nevertheless wronged another person or society, the state government can still prosecute the person for committing that act. On the other hand, it is unconstitutional for a person to be charged criminally for any act that is not proscribed by law, properly written as law and communicated to the public at large.
Each state is responsible for its criminal code. The legislature can make whatever law it elects.
Helpful information:
Criminal Law Overview
An illegal act is any action proscribed by law. In other words, in order for an act to be a crime, and therefore an illegal act, it must be prohibited under the laws of the state (or federal government), and there must be a penalty provided by law if someone is convicted of committing that act. If the law does not prohibit the act, theoretically then it is not a crime.
However, Wisconsin law has a catch-all statute that provides that if some act is not proscribed by law, but it nevertheless wronged another person or society, the state government can still prosecute the person for committing that act. On the other hand, it is unconstitutional for a person to be charged criminally for any act that is not proscribed by law, properly written as law and communicated to the public at large.
Each state is responsible for its criminal code. The legislature can make whatever law it elects.
Helpful information:
Criminal Law Overview
Monday, July 2, 2007
If Arrested, Will The Arrest Appear Online?
Wisconsin Open Records Law
ANSWER:
If a person is arrested, the arrest, citation, and information regarding the arrest can be made public and published on the Internet through many portals including newspapers, television, radio stations, and CCAP, as well as personal websites.
Newspapers often maintain an online version of their printed news, which may include the entire newspaper or just selected areas of news. Arrests, tickets and other police news are usually published online bcause people like to read about those types of newsworthy issues.
Some cases make the six o'clock news and subsequently are published on the television station's website. High profile criminal cases broadcasted on major networks such as Court-TV or CNN almost always make the website edition.
CCAP (see cap) is the Wisconsin circuit court records website located at http://wcca.wicourts.gov/. Under Wisconsin open records law, CCAP mirrors the clerk of courts records. With very few exceptions, arrests are published on CCAP along with subsequent court activity. Among the few exceptions are an arrest of a juvenile or an arrest incident to a mental committment. Even juvenile arrests have exceptions, such as arrests resulting from traffic offenses because juveniles are treated as adults in traffic case.
Case information remains accessible on WCCA for the minimum retention period for the case type as set by Supreme Court Rule - Chapter 72. However, cases with active warrants, active appeals or money still owed remain available on WCCA. However, a person can contact the Clerk of Circuit Court office in the county where the case was filed for complete case information for those cases that no longer display on WCCA.
Case records remain available on CCAP for a number of years. A traffic forfeiture, non traffic ordinance violation, or a subsequent arrest to incarcerate a person for violation of a court order remain on CCAP for 5 years. Tax warrants, civil cases, foreign judgment cases, transcripts of judgement cases, unemployment compensation cases, workers compensation cases, tribal court orders, misdemeanor and criminal traffic cases remain available on CCAP for 20 years. However, drunk driving cases remain available on the Department of Transportation records forever. Class A felony and John Doe cases remain available on CCAP for 75 years. Class B, C, D, E, F, G, H, and I felony cases remain available on CCAP for 50 years.
An expunged record is one that is removed from a person's public information, however, it is not completely destroyed. An expunged record still exists in a file drawer in the clerk of court office where the charge originated. An expunged record can also appear on CCAP even after the expungement order has been entered. In those instances, additional legal action must be taken to remove the expunged record from CCAP.
ANSWER:
If a person is arrested, the arrest, citation, and information regarding the arrest can be made public and published on the Internet through many portals including newspapers, television, radio stations, and CCAP, as well as personal websites.
Newspapers often maintain an online version of their printed news, which may include the entire newspaper or just selected areas of news. Arrests, tickets and other police news are usually published online bcause people like to read about those types of newsworthy issues.
Some cases make the six o'clock news and subsequently are published on the television station's website. High profile criminal cases broadcasted on major networks such as Court-TV or CNN almost always make the website edition.
CCAP (see cap) is the Wisconsin circuit court records website located at http://wcca.wicourts.gov/. Under Wisconsin open records law, CCAP mirrors the clerk of courts records. With very few exceptions, arrests are published on CCAP along with subsequent court activity. Among the few exceptions are an arrest of a juvenile or an arrest incident to a mental committment. Even juvenile arrests have exceptions, such as arrests resulting from traffic offenses because juveniles are treated as adults in traffic case.
Case information remains accessible on WCCA for the minimum retention period for the case type as set by Supreme Court Rule - Chapter 72. However, cases with active warrants, active appeals or money still owed remain available on WCCA. However, a person can contact the Clerk of Circuit Court office in the county where the case was filed for complete case information for those cases that no longer display on WCCA.
Case records remain available on CCAP for a number of years. A traffic forfeiture, non traffic ordinance violation, or a subsequent arrest to incarcerate a person for violation of a court order remain on CCAP for 5 years. Tax warrants, civil cases, foreign judgment cases, transcripts of judgement cases, unemployment compensation cases, workers compensation cases, tribal court orders, misdemeanor and criminal traffic cases remain available on CCAP for 20 years. However, drunk driving cases remain available on the Department of Transportation records forever. Class A felony and John Doe cases remain available on CCAP for 75 years. Class B, C, D, E, F, G, H, and I felony cases remain available on CCAP for 50 years.
An expunged record is one that is removed from a person's public information, however, it is not completely destroyed. An expunged record still exists in a file drawer in the clerk of court office where the charge originated. An expunged record can also appear on CCAP even after the expungement order has been entered. In those instances, additional legal action must be taken to remove the expunged record from CCAP.
Helpful links:
Drunk Driving Tickets & Records
Expungement
WI State & Federal Arrests
Wisconsin criminal penalties
Saturday, June 30, 2007
Probation or Parole?
What's the Difference Between Probation and Parole?
ANSWER:
Both probation and parole represent ways for people convicted of crimes to avoid doing time. What's more, they're both conditioned on good behavior -- if the offender messes up, they're shown back to their cell. But there is a major procedural difference between probation and parole. Probation is part and parcel of the offender's initial sentence, whereas parole comes much later, allowing the offender early release from a prison sentence.
Probation is handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. The judge will specify restrictions on the offender's activities during the probationary period.
Parole is granted by a parole board, after the offender has served some -- or perhaps a lot of -- time. The parole board may consider factors such as the offender's behavior in prison and level of rehabilitation, and let him or her out early. The parole board can also specify restrictions on the person's activities while on parole.
Last but not least, probation has one more vowel and two more consonants than parole.
CVW
ANSWER:
Both probation and parole represent ways for people convicted of crimes to avoid doing time. What's more, they're both conditioned on good behavior -- if the offender messes up, they're shown back to their cell. But there is a major procedural difference between probation and parole. Probation is part and parcel of the offender's initial sentence, whereas parole comes much later, allowing the offender early release from a prison sentence.
Probation is handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. The judge will specify restrictions on the offender's activities during the probationary period.
Parole is granted by a parole board, after the offender has served some -- or perhaps a lot of -- time. The parole board may consider factors such as the offender's behavior in prison and level of rehabilitation, and let him or her out early. The parole board can also specify restrictions on the person's activities while on parole.
Last but not least, probation has one more vowel and two more consonants than parole.
CVW
Helpful links:
Parole Probation Post-conviction challenge Wisconsin criminal penalties
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