An Example of Inequity, Disproportionate Punishment, and Prosecutorial Discretion Weaponized Against the Easiest Targets

Wisconsin’s mandatory minimum sentencing structure, like similar laws in many states, is rigid where justice requires discernment. Sadly, even with mandatory minimums, there is no “one size fits all” proposition. Judges are elected to weigh evidence, culpability, risk, rehabilitation, and mitigation. Yet mandatory minimums can prevent them from imposing sentences that fit the individual facts of a case. That rigidity becomes more troubling when prosecutorial discretion is exercised unevenly: harshly against young defendants whose conduct reflects immaturity and low risk, but more flexibly for adult authority figures accused of hands-on conduct.