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November 28, 2004

More powerful coverage of Wisconsin's "Truth in Sentencing"

Lots more great articles to read this weekend in the on-going series by the Milwaukee Journal Sentinel under the banner "Locked In: The Price Of Truth In Sentencing." (The first set of article are linked here, and the already significant impact of the series is detailed here.) 

The third of the four main articles in the series is available here; entitled "Once released, inmates find little help," this article highlights the many challenges of community re-entry for prisoners upon being released from custody.  And the Sentinel again runs with the main series this terrific set of companion pieces:

November 28, 2004 at 08:49 AM | Permalink


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Great stuff! Keep up the good work. Your blog is now at the top of my "favorites" list and I click on it several times a day to see what is happening with Blakely. If it weren't for your blog, I would have to plod along, waiting for my attorney to update me on my case...of which he has no time to do. I am a defendant stuck in post trial and pre-sentencing with four enhancements that add five to six years in upward departures! The Assistant US Attorney in my case wants to postpone sentencing until Booker and Fanfan clarifies things. But we are pressing to be sentenced now, since sentencing has been delayed since June. Your blog has helped me understand the issues as a layman and I can talk "Blakely" with just about anyone. Ignorance is not bliss and going into sentencing in ignorance...even relying soley on my attorney...is like being blind folded and put before a firing squad. I will not be shocked now going into sentencing but quite the contrary; I will be aware of the AUSA's tactics and know my right's under the Blakely law. I agree that "facts" not presented before a jury that create enormous upward departures is unconstitutional...and wrong. When we received the first draft of the presentence report I couldn't believe the "story" that was told in the report by the AUSA...a story that added innuendo, false staements that were not proved or brought up in court at my trial. The AUSA simply wrote his fantasy of the events after the trial, adding all his theories and suppositions of the crime in the report. It had little basis in fact. The same for the post trial newspaper article the AUSA concocted. Stuff in there that never was brought up in court. Just the AUSA's stretching theories. So, my wife wrote a letter countering each false statement, innuendo and theory in the presentence report. She said this was wrong to add uncorroborated and unsubstantiated "facts" that were never presented before a jury nor proved before a jury...and she wrote this and sent it to our attorney two weeks before Blakley came down and it was added to the presentence report. At least we got to counter the AUSA's false statements and have it added to the report. We are thankful for that. We were amazed when Blakely came out. I had been convicted by a jury of a white collar crime in April 2004 and was to be sentenced in June 2004...We were at the airport when my attorney called and told us to go back home because my attorney's request for delay because of Blakely had been granted. Today, we are still waiting for sentencing. If Blakely is followed by the court in my case than I should receive six months incarceration rather than six years! We're waiting to find out. Thanks for your wonderful blog and know that there are non lawyers receiving help from your insightful information. Fred

Posted by: Fred | Nov 28, 2004 11:26:36 AM

Fred, I just want to tell you, you're not alone. I'll add you to my prayers, along with the thousands of others whose very lives depend on the nonexistant honor of a misguided power hungry AUSA who insist on ratcheting up any sentence available. I often wonder if these people will ever realize the incalculable harm they've done to others while justifying it to themselves as doing what they are told because it's the rule. Well, the rule is wrong, even if it turns out to be constitutional. I'm sure they will never realize it, because that would mean accepting that fact that they themselves are part of the problem.

Posted by: bob | Nov 28, 2004 5:06:05 PM

Hello. My fiance is incarcerated at Kettle moraine Correctional. He was sentenced 18 months in and 18 months ot for possesion of about 5 dollors worth of crack. He understood his mistake and was willing to do the program they suggested. Unfortunatly the waiting list was so long he would begin the proram and be released after only completing approx. 25% of the program. When he asked job training such as welding, they informed he had too much work experience. He's never held a job for more than 7 months and usually woked off and on for temp agencies. we have heard they are changing the law in Feb. 2005 so that non-violent criminals serve 75% of their time. I wanted to share our story and was hoping you possibly had any information on this change. Thank You- Pamela Moses

Posted by: Pamela Moses | Jan 25, 2005 8:59:24 PM

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