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b. Dangerous

State v. Jamie Lane Stephenson, 2018AP2104, petition to review a published court of appeals decision granted 3/17/20; case activity Issues: To prove that a person meets the criteria for commitment under Chapter 980, must the state present expert opinion testimony that the person is “dangerous” as defined under ch. 980? Should the standard of review… Read More

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You’ve read a lot about the use of algorithms at the sentencing stage of criminal proceedings, but they are also used at the bail and parole stages. This new paper looks at the bias embedded in algorithms (including the STATIC-99R) and zeroes in on our own State v. Loomis… Read More

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How accurate are risk assessment tools?

They may seem more measured and bias free, but according to this new article, they aren’t very good. Compas has significant flaws, and the accuracy of the Static 99-R “is not much better than a coin toss.” This article links to a number of studies that might support a challenge to the use of these… Read More

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State v. Scott R. Nelson, 2007 WI App 2, PFR filed 1/22/07 For Nelson: Joseph L. Sommers Issue/Holding: ¶15      … Even under the “more likely than not” standard, there must be a strong nexus between the person’s mental disorder and that person’s level of dangerousness. Under this standard, the likelihood that the person will engage in… Read More

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State v. Terry L. Olson, 2006 WI App 32, PFR filed 3/16 For Olson: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether ch. 980 is unconstitutional because the SVP definition of “dangerousness” is not linked to imminent risk. Holding: ¶5       We deem Olson’s reliance on Lessard misplaced. In 2002, our own supreme court considered a challenge to Wis. Stat. ch. 51… Read More

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State v. Shermell G. Tabor, / State v. Ronald Irvin Ryan, 2005 WI App 107 For Tabor / Ryan: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Legislative modification of the definition of SVP “dangerousness” (2003 Wis Act 187, §§ 2, 2m, amending §§ 980.01(7) and 980.02(2)(c); reducing the necessary showing from “substantial probability” to mere likelihood of sexual violence) has an effective… Read More

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State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate. Issue/Holding: Prediction of future dangerousness may be made of a juvenile in a Ch. 980 proceeding. The state’s experts assessed Matthew’s dangerousness by using the “Doren criteria,” which were developed through research involving… Read More

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