Most people think of assault and battery as the same crime, but the two ideas are different. Assault is a threat which creates apprehension of harm, while battery is the actual physical act that does harm someone. Under Wisconsin law, battery is an intentional act of causing injury to another person. Whether battery is considered a felony or misdemeanor act depends on the severity of the act.
When the police investigate crimes, they often depend on information provided by suspects and witnesses to begin to form their conclusions about how the crime progressed and exactly who was involved when. This process has its flaws, though, and one of them is that during the early investigative stages, it is easy for witnesses to find themselves under intense scrutiny as police begin searching for a suspect. Even worse, it is not uncommon for such witnesses to find themselves under suspicion because of small inconsistencies that result from being asked the same or very similar questions repetitively.
Police, prosecutors and juries often rely on eyewitness testimony to determine what really happened at the scene of a crime. While this may seem like a concrete way to get a conviction, eyewitness testimony isn't rock solid and can be affected by several factors. When you are the accused in a court case, it's vital that the eyewitness testimony given is accurate and true. If you are facing a long sentence or conviction of a serious crime, the eyewitnesses should be as competent as possible.
It seems easy on television. A crime is committed, crime scene techs come in and prove who did or did not commit the crime based on a stray hair, or a tennis shoe print. For a time it seemed to be that concrete in the real world too. Bite marks, hair identification, footwear analysis all seem to offer irrefutable evidence when it has been used in court and presented by forensic specialists. The problem is, there often is little if any scientific validation of the veracity of these kinds-and other kinds-of evidence.
Because of the new documentary "Making a Murderer," Wisconsin currently sits in the national legal spotlight. Other than making for high-ratings, though, can this documentary offer any concrete lessons for the average Wisconsinite?
Once you ask for an attorney during a police interrogation, you're safe, right?
Yes, you can. You can also set your bone yourself if you break your arm.
Yes. They can.
Even the famous need a lawyer.