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NCJRS Abstract

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NCJ Number: 121613 Find in a Library
Title: Wisconsin Sentence Modification: A View From the Trial Court
Journal: Wisconsin Law Review  Volume:1989  Issue:2  Dated:(1989)  Pages:441-462
Author(s): K R Kruse; K E Patterson
Date Published: 1989
Page Count: 22
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The Wisconsin common law sentence modification system at the trial court level is examined and a limited sample of new factor motions brought by defendants serving sentences in Wisconsin correctional institutions are analyzed in an attempt to assess the effectiveness of Wisconsin's sentence modification law.
Abstract: Even though the term new factor is poorly defined, Wisconsin trial courts have discretion to modify a defendant's criminal sentence if the defendant introduces a new factor. All sentence modification motions filed by the Legal Assistance to Institutionalized Persons program from 1978 through the summer of 1987 were studied. Trial courts modified sentences under the theory of new factor in a variety of cases to give effect to their sentencing intent when it had been frustrated, to react to a change in a defendant's health or family circumstances, or to reward a defendant for cooperation with prosecutors after sentencing. Wisconsin's common law sentence modification system is confusing at the appellate level, but functions well to provide defendants with a broader and more flexible form of post-conviction relief than is available in States where statutes define the terms of sentence modification. 94 footnotes. (Author abstract modified)
Main Term(s): Sentencing factors
Index Term(s): Judicial discretion; Sentence review; Sentencing disparity; Wisconsin
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