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Selective Severity: Inequity and Disproportionate Punishment in Wisconsin

Selective Severity: Inequity and Disproportionate Punishment in Wisconsin

Wisconsin’s mandatory minimum sentencing laws, like those in many states, are rigid in situations that require individualized judgment. Judges are elected to weigh evidence, culpability, risk, rehabilitation, and mitigation, yet mandatory minimums often prevent sentences that reflect the specific facts of a case. That rigidity becomes more concerning when prosecutorial discretion is applied unevenly, as seen in Ozaukee County, Wisconsin under District Attorney Ben Lindsey, with young defendants receiving the harshest outcomes for non‑contact digital conduct while adult authority figures accused of hands‑on behavior receive more flexible charging decisions.

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Reconsidering Mandatory Minimums for Young Adults in CSAM Cases - A Policy Argument for Restoring Judicial Discretion

Reconsidering Mandatory Minimums for Young Adults in CSAM Cases - A Policy Argument for Restoring Judicial Discretion

Across the country, policymakers are grappling with the challenge of applying laws written decades ago to a digital world that has transformed far faster than the legal system. Nowhere is this tension more visible than in the prosecution of child sexual abuse material offenses involving young adults.

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