Steve Barnes is an attorney and defense lawyer with experience in the U.S. Supreme Court and in state courts throughout the U and Canada.
He is the former president of the Wisconsin Legal Aid Society and currently the legal director of the Center for Individual Rights in Education.
This is an edited transcript of our conversation.
You are a Wisconsin lawyer.
What’s the most common wrongful conviction you’ve seen in your lifetime?
Barton: The most common is a person who is accused of a crime but is not charged with it.
The prosecution then has the option of presenting evidence of the crime.
The person is either innocent or the evidence is not supported by the facts.
There is no real evidence of guilt.
It’s not until the next time the person is presented with the evidence that they are presented with any sort of a clear-cut case that there is an actual conviction.
The second most common kind of wrongful conviction is one where the person was convicted of a criminal offense that they didn’t commit, and there’s no real crime, and they were never charged with any crime.
If they had been charged with a crime, they could have been charged and prosecuted for it.
That’s the third kind of one.
The fourth is the person who was charged with an offense they didn.t commit, but was convicted and prosecuted in a criminal court.
You could say that that’s one of the most serious wrongful convictions that you can possibly see.
The fifth type of wrongful arrest is when someone is arrested for a crime that they don’t commit.
The problem is, the law doesn’t recognize that.
They’re in a state of mental impairment, they’re being treated for mental illness, they don.t know what they did, and in that state of impairment they are being denied access to the protections that a criminal conviction under the law provides.
That’s the fifth and sixth kind of false arrest.
They can be in that situation and still have a valid criminal conviction, even if it’s only a misdemeanor, because of their mental state.
The last kind of wrong conviction is that there are multiple wrongful arrests.
They might be innocent, but they were all wrong.
It can be a misdemeanor in Wisconsin, but it can be misdemeanor in California.
If you are in jail in California and you commit a felony and you are caught, you can still be arrested for the same crime in Wisconsin.
Barton says that people who are wrongly arrested don’t even know they have been wrongfully arrested.
It might be that the police officer that you were arrested with actually did the wrong thing, and then it turns out that you committed a crime and were wrongly charged.
In those situations, he or she might even have committed the crime themselves.
If that person is still in jail and the prosecutor decides to proceed with the case against you, they might decide that you shouldn’t have been arrested in the first place.
You might not even know that.
You do know that the law is wrong.
When you have an arrest that is unjust, you have a right to a lawyer.
You have a legal right to be free from wrongful imprisonment.
You don’t have a constitutional right to remain silent, or not be able to testify, or be present for any type of jury trial, or any kind of court hearing, unless you’re accused of the same offense.
What is the difference between that right and a right against self-incrimination?
That’s a fundamental right that’s supposed to protect the accused, not protect the state.
A state cannot silence you.
If the state is going to silence you, it has to be for the exact same reason it silenced the accused: It has to protect you from the public’s attention.
Bartles, who is a partner at the law firm of Beck, Rindfleisch & Rosenbaum, says that the issue of wrongful arrests is one of fundamental fairness.
It has nothing to do with whether someone has been accused of something, and everything to do, he says, with the rights of those accused of wrongfully accused persons.
You are presumed innocent unless you can prove otherwise, and it’s up to the state to prove that you weren’t.BARTLES: I think it’s a mistake to try to equate a person’s constitutional right of privacy with their constitutional right against the state from interfering with their right to speak.
It is the exact opposite.
If a person is wrongly arrested, he has a constitutional, right to counsel.
If he is falsely accused, he doesn’t have that right.
It would be like, well, if you were a murderer, you’re not free to be a murderer.
You’re not allowed to talk about it.
It doesn’t work like that.
If you have had a wrongful arrest, Barton says, it can set a precedent for wrongful convictions going forward.
Barten says that Wisconsin has one of those wrongful conviction laws, which requires that a person be tried in a court for the first time in the state, even