H
Herr Heckler Koch
Guest
Wisconsin Statutes Felony defined §939.60, "offense punishABLE by imprisonment"
I was once called to a jury pool of one hundred. The Judge Cottingham lectured at length on the requirements of a juror, including a careful definition of felon under the laws of his jurisdiction. Then he directed all that thought they might fall into that classification to queue up at his bench. By my count, 80 potential jurors, 80% of the pool considered themselves potentially felon. I was empaneled and we found the drunken used-car salesman guilty.
It is worse than that. Any finding of other than not guilty may make one a felon, actual imprisonment is not necessary. The essential elements are liablity and duration. Actual residence is not an element.I agree with your statement but here in Wisconsin there are many "laws" lurking for the unscrupulous D.A. to lay the "smack down" on his or her "defendant". Not to hijack this thread but here is the perfect example: Wisconsin Statute 939.60 Felony and misdemeanor defined.
939.60 Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.
History: 1977 c. 418 s. 924 (18) (e).
A statutory offense punishable by imprisonment of one year or less in an unspecified place of confinement may result in confinement in a state prison and, therefore, is a felony, regardless of the classification of the offense at the time of the statute's enactment. State ex rel. McDonald v. Douglas County Circuit Ct. 100 Wis. 2d 569, 302 N.W.2d 462 (1981).
What this wonderful statute means if the judicial system (cough...cough) cannot find a spot for you in the jails and instead puts you in a prison for your small misdemeanor...you automatically are a felon.
There are many statutes like this on the books for the D.A. and judge to use against us. "Justice? What justice?"
I was once called to a jury pool of one hundred. The Judge Cottingham lectured at length on the requirements of a juror, including a careful definition of felon under the laws of his jurisdiction. Then he directed all that thought they might fall into that classification to queue up at his bench. By my count, 80 potential jurors, 80% of the pool considered themselves potentially felon. I was empaneled and we found the drunken used-car salesman guilty.