Prison for OWI's not the answer

Apparently the Milwaukee Journal-Sentinel has been purchased by the Mother's Against Drunk Drivers. For the last two weeks, the state's largest newspaper has run a series of very long articles detailing the tragedy of drunk driving - especially the loss of life. The articles reviewed Milwaukee County criminal convictions for 5th offense operating while intoxicated from 1999 through 2006, resulting in a detailed analysis of 161 cases. Just 70 defendants, or 43%, went to prison, receiving an average sentence of 18 months. Seventeen of those had an opportunity to shave substantial time off their sentences by completing boot camp or a treatment program. At least one defendant got out early after petitioning the judge. More defendants were sentenced to probation than prison. Although 70 of the 71 who got probation terms served between three and 12 months in the Milwaukee County House of Correction, about half were allowed to spend their days in the community on work release. Twenty more defendants received jail sentences, 11 with work-release privileges. The blood-alcohol level of a drunken driver was consistently cited as an aggravating factor by sentencing judges. And while the analysis showed that defendants with higher blood-alcohol levels were sent to prison more often, there was no clear relationship between blood-alcohol level and sentence length. For example, among the 16 offenders who were sentenced to 18 months in prison, blood-alcohol levels ranged from 0.10 to a potentially poisonous 0.41.

The entire drift of the article was that Milwaukee judges are softies on repeat drunk drivers and that if we can only toughen the law and penalties we will solve this problem. This is same MADD line that has been floated since that group was formed in the 1980's. Back then, the most a 5th offense drunk driver could get was 1 year and that was usually with work release. Now it is a felony punishable by up to 6 years in prison - not jail.

The talk now is to make even 3rd and 4th offenses felonies, begin "sobriety checkpoints," seize more vehicles, and make the 1st offense criminal (it is currently a civil offense for which you cannot get jail).

What is left unsaid here is that it is our culture of drinking that leads to drunk driving and increasing penalties will do nothing to curb that. The increasing criminalization of human behavior has proven time and again to be a failed construct. We have seen it in the atrocious War on Drugs where we have imprisoned literally millions of our citizens - most of whom are nonviolent addicts. It is this same failed mentality that has taken hold in the War on Drunk Driving that is currently being waged.

Many policy makers have finally recognized that drug addicts (offenders) need treatment. A wise and valuable program in Milwaukee has been instituted to divert drug offenders into treatment and out of the criminal justice system. That system is already strained to the breaking point.

I would propose that a similar program be created for drunk drivers. The advantages are obvious - alcoholism is the same addiction as with drug use. Why wouldn't we use the same treatment logic with drunk drivers?

John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Proving a crime is a real "burden"!

Two cases currently being given an inordinate amount of hysterical media attention demonstrate how the public can have a twisted view of justice in America. More importantly, they are left with the impression that the cops always get it right and ignore the vast number of wrongfully convicted people in this country.

OJ is at it again! Or is he? Was he set up? Even some commentators think so as discussed on CNN InSession BLOGs. The hysterical reaction to OJ over the years is explicitly played out here. After his arrest for trying to get his own property back, who were the first to be interviewed? The Goldman's!! How's that for getting a fair shake? The actual evidence - available for those who care to look - shows a judge who let in tapes secretly recorded that even the FBI expert admitted could have been altered, the witness who did the taping selling them to a gossip website (TMZ) BEFORE he gave them to the police and then writing a book well before the trial and the arresting cop admitting that he normally arrests people before making a complete investigation! There is little doubt that OJ was trying to get his stuff back himself (without the police) to avoid any proceeds from going to pay the $33 million dollar judgment against him, but that does not mean he knew that a gun was brought to the party. His rat/snitch friends know that but will say anything after the frantic rush to cut deals with the government.

On the other side of the country, a young woman is being crucified daily in the press. Casey Anthony reported her daughter Caylee missing in July - a month after she went missing. Since then, she has been vilified as "unstable," "perplexed" and that she had long ago tried to give Caylee up for adoption. The authorities then claim to have found Caylee's hair, an "odor" and "stains" (which can only be seen with a black light) in the trunk of Casey's car. There is reportedly evidence of a "decomposing body" and traces of choloform. Never, however, have any of these supposed scientific tests been confirmed. I have seen countless instances where DNA and fingerprint "evidence" has been debunked because of faulty sample collection, messy lab work or flat-out corrupt technicians. But the media plays it like undoubted fact and then engages in salacious smears to paint this woman in the most evil light possible. Enough already!!! Can't the media allow the process to work without poisoning the jury pool before someone has a chance to defend themselves. The paper thin case they are trying to build reminds one of the Manhattan Beach sex abuse case (day care worker acquitted of molesting hundred's of preschool children) or the Duke LaCrosse case (where the DA was ultimately disbarred for abusing his position by manipulating the stripper "victims" of a claimed sexual assault).

Trying someone in the press is not what this country, or a criminal justice system are about. It turns into entertainment for those that can't get enough of Britney, Paris and Lindsay. If anyone has any doubt about the need for an experience and aggressive defense lawyer, these cases ar explicit examples of that need.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Dangers of Hysteria

Here is yours truly appealing to the media and public to lay off my client who was the victim of false accusations and hysteria by both the media and witnesses.

He was a youth coach of many sports and beloved by both his players and their parents. During football season, he was coaching a rec league team when his son (age 12) was hit by a larger, older (age 13) player from his own team during a scrimmage with an illegal "chop block." This is a hit from behind that is very dangerous and often, as here, results in serious injury. While is son was writhing on the ground, and the other boy (who had done this before to others and was warned about it) was laughing about it, my now angry client rushed to attend to his son. In his way was the other boy who he pushed aside and injured him. Both boys went to the hospital but the attacker was back practicing the next day. My client's son was out for a week.

The day it happened, blanket media coverage ensued because one parent went on the news and claimed (falsely per many other witnesses - including the other coaches) that my client picked the other boy up over his head, spun him around and slammed him to the ground - WWF style. The ever hungry local media went for it in a big way and the false story stuck. Ultimately, despite all evidence to the contrary, he was forced to plead to battery and was sentenced to 24 days jail. He felt he had no choice because the coverage was literally ruining his life - he was threatened at home, his children were harrassed at school and he lost 2 jobs. He was also banned from ALL coaching and even attending school events his own children were involved in! There is no doubt that had the media circus not ensued, none of this would have occured.

The real message here? If you are caught up in the passion of a media storm....the "witnesses" who make it onto the news are more important than the supposedly calmer, rationale court process. I did my best to blunt this affect but the public's limited attention span is going to believe the first thing they hear and inquire no farther....DA's and court's, ever mindful of news coverage of their actions, are undoubtedly influenced by this. It's a steep hill I hope no readers of this blog ever needs to climb!

News: TMJ4 - http://www.todaystmj4.com/news/local/18368289.html

See also:
Battery Defined

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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