At Issue - Rewriting the Crime Laws is a Precondition of 'Truth in
Sentencing'
Close scrutiny and appropriate revision
of Wisconsin's criminal code are essential to the success of any truth
in sentencing law.
By Sen. Lynn Adelman
What is the penalty for committing the crime of battery in Wisconsin?
Twenty years ago this question was answered easily. There were two
battery statutes; one covering simple battery, the other aggravated
battery. The definitions of "battery" and "aggravated battery" were
easily understood, and the penalties were clearly spelled out.
If Wisconsin is to adopt a "truth in sentencing" law, it is essential
that the criminal law make sense. There must be some rationality and
clarity in the criminal code. Serious crimes must be punished more
severly than less serious crimes.
Unfortunately, the simplicity and clarity that once characterized
Wisconsin's battery law no longer exists. Over the years, the
Legislature has added so many new laws relating to battery that the law
is unintelligible. Instead of two categories of battery there now are
six. In addition to simple and aggravated battery, there now are
different statutes for batteries causing substantial bodily harm with
intent to cause bodily harm, causing substantial bodily harm with intent
to cause substantial bodily harm, and intentionally causing bodily harm
by conduct likely to cause great bodily harm. Lawyers and judges cannot
easily discern the differences between these categories, much less the
average citizen.
In addition, the Legislature has created 11 statutes providing
enhanced penalties for "special circumstance" batteries. "Special
circumstance" batteries are batteries committed against members of
certain occupations that the Legislature has singled out for special
treatment. For example, there now are special statutory penalties for
batteries to technical college employees, public transit vehicle
operators, firefighters, judges and employees of the department of
revenue. These special circumstance batteries promote inequality under
the law and make the criminal code complicated and unclear.
These 17 battery statutes are only the beginning of the complexity
that now characterizes Wisconsin's criminal law. In recent years the
Legislature has created several new crimes punishing behavior that
already is criminal. For example, the Legislature has with much fanfare
created new laws covering such activities as "carjacking" and "drive-by
shootings." In both cases all of the conduct punished by the new laws
already was illegal and punishable by severe penalties.
During the 1993-94 session alone, the Legislature passed 50 different
laws affecting the state's criminal code. Some of these laws created
various new "special circumstance" penalties or criminalized already
illegal conduct. In other cases the new penalties were inconsistent with
existing penalties for the same conduct or were greater than the
penalties for other, more serious conduct. Few of these new laws made
our streets safer; however, they did make our criminal code longer and
less understandable.
A related problem in Wisconsin's criminal law is the absence of a
mechanism for encouraging consistency in judges' sentencing patterns.
Until recently the state had a Sentencing Commission that made data
available to Wisconsin judges about sentencing patterns. This helped
provide greater consistency in sentencing. Two years ago, however, the
Legislature abolished the Sentencing Commission, and there now is
evidence that large disparities in sentencing are creeping back into the
system.
Sen. Lynn Adelman (Dem.) has represented
the 28th Senate District since 1976.
If Wisconsin is to adopt a "truth in sentencing" law, it is essential
that the criminal law makes sense. There must be rationality and clarity
in the criminal code. Serious crimes must be punished more severely than
less serious crimes. Gov. Thompson and Attorney General Doyle have
suggested that a blue ribbon committee be created to revise the state's
criminal code. This would be an excellent first step. The committee
should include judges, legislators, district attorneys, lawyers, law
professors and members of the public. It should be prepared to undertake
a thorough review of our criminal law and make detailed recommendations
to the Legislature. Close scrutiny and appropriate revision of
Wisconsin's criminal code are essential to the success of any truth in
sentencing law.
Wisconsin
Lawyer