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DEBUNKING THE VOTER FRAUD MYTH “Sensationalist claims have circulated this election season about the extent of voter fraud, with some politicians going so far as to tell voters to fear that this November’s election will be “rigged.” Because electoral integrity is one of the elements necessary to making America the greatest democracy in the world, claims like this garner media attention, and frighten and concern voters.But putting rhetoric aside to look at the facts makes clear that fraud by voters at the polls is vanishingly rare, and does not happen on a scale even close to that necessary to “rig”…
In this image by Goya, a person, asleep at his drawing table, is besieged by creatures associated in Spanish folk tradition with mystery and evil. The title of the print, emblazoned on the front of the desk, is often read as a proclamation of Goya’s adherence to the values of the Enlightenment—without Reason, evil and corruption prevail. Wisconsin is now under an order from state government to “stay at home” to slow the spread of the new coronavirus.  It is not understatement this order has restricted the lives of people in unimaginable ways.  Gov. Tony Evers issued this order after hearing…
Wisconsin is trying to address the COVID 19 pandemic by shutting down places where the disease is most easily spread among large groups of people.  That makes sense. But what does not make sense is Wisconsin refusing to address the places where the disease is most easily spread among large groups of people.  Jails and prisons.  The deadly problem is getting worse in prisons. The number of prisoners who have tested positive for the virus grew by more than 50 percent in the past week. The first COVID-19-related death in a prison came on March 26. Since then over 215…
SOURCE: Captain Steve Brancazio Boca Raton Police Department What is a citizen who wants to follow the law to do when: Wisconsin Governor Evers issued an executive order that to contain the spread of the deadly COVID 19 disease, people should stay at home and non-essential businesses should remain closed.  Washington County Sheriff Martin Schultis has said failure to follow this order “is a criminal violation. It’s an arrestable violation.”  Kenosha County Sheriff Beth has also urged people to follow the order.  Milwaukee police are allowed to issue citations to people failing to comply with Governor Tony Evers’ “Safer at…
Normally governors use executive orders for ceremonial purposes like honoring soldiers and police officers killed in the line of duty.  However in times of emergency, an executive order can do much more. With the spread of the COVID-19 virus states like Deleware, New Jersey and Rhode Island delayed scheduled spring elections.  Chris Cillizza, Why in the world is Wisconsin still holding a primary on Tuesday?, CNN.com (Apr. 2, 2020, 3:35 PM); COVID-19 and Elections, National Conference of State Legislatures.  Following this trend, Gov. Evers issued Executive Order 74, much like the other states.  The executive order found…
There are two principal ways for all citizens to participate in our democracy – at the voting booth and in a jury box. Thomas Jefferson considered “[T]rial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” Alexis de Tocqueville said, “The jury, which is the most energetic means of making the people rule, is also the most efficacious means of teaching it to rule well.” Supreme Court Justice Byron White, in Duncan v. Louisiana (1967), wrote: “The jury trial provisions in the Federal and State…
In the worst act of domestic terrorism in American history Timothy McVeigh stood charged with bombing the Alfred P. Murray Federal Building, in Oklahoma City, which took the lives of a hundred and sixty-eight people and injuring some seven hundred.  During the trial of Timothy McVeigh, a mother described her conversation with an employee from the medical examiner’s office about whether she would like it to return her four-year-old deceased daughter’s hand found in the rubble. The testimony was so emotionally powerful that it brought not only the witness to tears but also the jury, courtroom reporters, and the judge.  Wayne…
We previously published a list of common sense reforms that could slow the spread of the virus in jails and prisons. In light of the rapid spread of COVID-19 throughout the U.S., and specifically in prisons and jails, we found it necessary to update these recommendations with more detail about who has the power and responsibility to enact policy change, and how to reform the criminal justice system in the midst of a public health crisis. Quick action is necessary for three reasons: Correctional staff and incarcerated populations are already testing positive, the justice-involved population disproportionately has health conditions that make…
One of Aesop’s Fables is the story of the Wolf and the Lamb: A Wolf, meeting with a Lamb astray from the fold, resolved not to lay violent hands on him, but to find some plea to justify to the Lamb the Wolf’s right to eat him.  He thus addressed him: “Sirrah, last year you grossly insulted me.”  “Indeed,” bleated the Lamb in a mournful tone of voice, “I was not then born.”  Then said the Wolf, “You feed in my pasture.”  “No, good sir,” replied the Lamb, “I have not yet tasted grass.”  Again said the Wolf, “You drink…
“It’s hard to envision how the small amount of alcohol in hand sanitizer poses a greater risk in prisons and jails than that of contracting coronavirus.” Jails, prisons, and detention centers in America are often overcrowded and unhygienic places. This is dangerous, even under normal circumstances. But with the coronavirus spreading rapidly, the nation’s addiction to mass incarceration could be disproportionately deadly for many incarcerated people — especially those 65 and older or those with pre-existing conditions — who often live on top of each other.  To discuss the risks that coronavirus presents to our correctional systems, I caught up with Dr. Homer…
U.S. District Court Judge Lynn Adelman, U.S. District Court – Eastern District of WI, The Roberts Court’s Assault on Democracy, (February 18, 2020). Harvard Law & Policy Review, Forthcoming. Available at SSRN: file:///C:/Users/Paul/Downloads/SSRN-id3540318%20(1).pdf:​By now, it is a truism that Chief Justice John Roberts’ statement to the Senate Judiciary Committee that a Supreme Court justice’s role is the passive one of a neutral baseball “umpire who [merely] calls the balls and strikes” was a masterpiece of disingenuousness. Roberts’ misleading testimony inevitably comes to mind when one considers the course of decision-making by the Court over which he presides. This is so because the Roberts Court has…
​PAUL A. KSICINSKI LAWIF THERE IS NO STRUGGLE, THERE IS NO PROGRESS38 South Main Street, #1056Oconomowoc, WI 53066Phone: 414-530-5214Web: paulksicinskilaw.comEmail: pksicinski@gmail.com Defense attorneys are intimately familiar with rocks and hard places. This so-called “predicament” is really just the omnipresent, on-going cost-benefit calculation counsel must perform as a matter of course throughout trial. As the prosecution presents its case, defense counsel must carefully consider, in real time, every piece of evidence as it comes in throughout the entirety of the proceeding. Upon hearing each piece of information, often for the first time, he must assess its accuracy against the information in his…
I do not watch enough professional basketball to figure out the status of Lebron James.  I do know ESPN rated him as one of the most successful and influential basketball players of all time.  He not only knows how to shoot hoops, but he knows how to use his head.  For instance, his house was spray-painted with racist graffiti.  At the news conference about the incident, James said that when he learned of the slur, he thought about the mother of Emmett Till. After her 14-year-old son was lynched in 1955, she insisted there be an open coffin so people…
In the story The Pedestrian, Leonard Mead, is a citizen of a television-centered world in 2053.  In the city, sidewalks have fallen into decay. Mead enjoys walking through the city at night, something which no one else does. “In ten years of walking by night or day, for thousands of miles, he had never met another person walking, not one in all that time.” On one of his usual walks, he encounters a police car.  Mead tells the car that he is a writer, but the police do not understand, since no one buys books or magazines in the television-dominated society.…
The Brennan Center for Justice released a first-of-its-kind report, The Steep Costs of Criminal Justice Fees and Fines: A Fiscal Analysis of Three States and Ten Counties, revealing that court-imposed fees and fines thwart rehabilitation, fail to make communities safer, and are an insufficient source of government revenue. The Brennan Center’s report analyzes ten counties within Florida, New Mexico and Texas, as well as statewide data for those three states. Among the report’s key recommendations are: (1) states and localities should pass legislation to eliminate court fees imposed to fund the government; (2) states should institute a sliding scale when…
In the movie Tomorrow Never Dies, Pierce Brosnan as James Bond gets to drive his car by remote control before demolishing it in James Bond style.  The first time Bond drives his BMW he is not even inside the car.  What happens if that is done in real life and James Bond would be drunk?  Could the police pull him over for drunk driving?  Believe it or not, this is not just an academic question.  Just ask “Timmy.” “Timmy” is the name of the client who was kind of in the same position as James Bond in Tomorrow Never…