MADISON, Wis. — Wisconsin voters passed two referendums to change how judges set bail in violent crime cases.
Governor Tony Evers signed off on the amendments to the state constitution on Wednesday but made a statement that they alone will not reform the justice system. Evers called on lawmakers to find common ground and support evidence-based solutions to make communities safer.
Both referendums to change the state's bail policies passed with nearly 70% in favor.
Howard Schweber, a political science professor at the University of Wisconsin-Madison, said the changes take effect right away.
"There will need to be a drafting of a formal version of the rules we put in the legislative record, but there's no reason not to take much time at all," Schweber said.
That said, Schweber pointed out there is a big difference in the perception of crime and the reality of crime.
"It's not at all necessarily clear that these will have any subsequently positive effect on the occurrence of crimes in our communities," Schweber said.
The amendments give judges more flexibility, but that can be a double-edged sword.
"This opens up the possibility of bias. Judges have to exercise judgment and judgment by its nature is not a precise measurement. It's a matter of evaluating intangibles," Schweber said.
Jonathan LaVoy, a defense attorney in Wauwatosa, pressed that judges already consider people's records, history of violence, and likelihood to reappear in court.
"The reality is, is that violent offenders oftentimes have high bail anyway," LaVoy said, "I think that right now judges are going to probably look at bail in a stronger light. I think bail amounts are going to be raised in Wisconsin for a lot of pretrial offenders."
LaVoy expressed concern these changes could hurt already overcrowded and understaffed jails while also punishing people of color and people who do not have financial means before conviction.
"There are people that are accused of things that that they didn't do. If they're locked up their entire time, you can't get that time back. They get out they've lost their job. They may have lost their place to live," LaVoy said.
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