MaxManning
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- Nov 18, 2015
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It appears the Wisconsin Department of Justice has joined Brendan's attorney for the filing of his latest writ of habeas corpus. Which is a good sign. Many probably already knew this (I didn't) bc this article was posted on December 27, 2015. While I won't be holding my breath, it does give me some hope that Brendan's mistreatment will be vindicated. Even though, I admittedly wonder what effects (negative, I'm sure) this whole thing has on Brendan, as he's been in prison for a decade.
Since he was tried as an adult, I wanted to see what Wisconsin's provisions are for such cases. Here's a comprehensive document prepared for the Wisconsin Legislative Council, written in 2008: Treatment of Juveniles in the Wisconsin Criminal Court System: An Analysis of Potential Alternatives. Additionally, a bill has been introduced to the Wisconsin legislature to would cut number of juveniles charged as adults in Wisconsin. Unfortunately, this bill, had it been passed pre-2005, would still not have affected Brendan, as he was only 16 at the time. And, even if he had been 17, he was accused of having committed a violent crime.
All things considered, I would love to see some changes come about as a result of the publicity this case has received. Especially, with regard to questioning minors.
Among these, I would like to see laws change that require a parent be present. I was surprised that very few states actually require this. Although, I admittedly do not think his mother being present would have helped, as she seemed as clueless as he.
Importantly, it is my hope that people educate themselves and their children regarding how miranda really works. That is, do not volunteer anything, even for "friendly questioning." While this may seem counter-intuitive, as the court of public opinion views those who ask for a lawyer as exhibiting guilt, so what. Better to be viewed as guilty by a bunch of arm chair jurors, than go to prison for something you did not do.
Great post.
Also, there is a document that was in the first thread about False Confessions. We need to dig that up for people to read. It changed my mind and gave me quite a bit of perspective into the interrogation techniques and how the cognitively impaired can be victimized.
Anyone who hasn't watched the full dassey interviews, needs to do so. Particularly the end of the 3/1 interview where he is waiting for his mother after confessing to rape/murder. Reading a transcript cannot give you a full picture of this individual. It's heartbreaking to watch him at the end of that interview, as he listens to music waiting for the great unknown.