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Bucher Law Group, LLC

Reasonable Doubt

Innocent until proven guilty...it's been the hallmark of the American justice system for centuries. But what happens when outrageous claims are made against you and you find yourself beneath the full weight of the government - forced to defend yourself and prove reasonable doubt? See what happened when one Wisconsin EMT was forced to defend himself against the unthinkable.

It all started out simple enough. The 911 call on July 19, 2011, came shortly before noon for a female having seizures at a local Girl Scout camp. Captain Jodin Froeber wasn't at the station or even on call that day, but knew the service was short-staffed. As an officer with the Somers Fire Department, located in Kenosha County, he was allowed - if not encouraged - to respond whenever he could.

Froeber had been involved in EMS for nearly a dozen years. He was 36 years old at the time, a captain and the training officer for the Somers Fire Department. The service operates as a combination department with Froeber being one of their full-time employees. Like many, he loved his job in fire and EMS. He had done other things, including working for the telephone company, but EMS and firefighting was a passion and a job he truly enjoyed. Like many, he responded to as many calls as he could-even if he was not technically on duty or on call at the time. A life-long resident of the area, he knew many in the community and many knew him.

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Why do exonerees face special challenges after release from prison?

Numerous challenges await those who were exonerated of crimes. The wrongfully convicted may have difficulty adjusting to life after spending time in prison.

It is an unfortunate fact that many people serve time in prison, despite being innocent of the crimes they are accused of. The Innocence Project claims that most people who are wrongfully convicted and later exonerated by DNA evidence spend at least 13 years in prison before they are freed. Wrongfully convicted prisoners in Wisconsin and elsewhere often face difficult challenges when they are released back into society, especially if they have served lengthy sentences.

How serious is the problem of wrongful conviction? An estimated 2.3 to 5 percent of prisoners across the country have been wrongfully convicted of a crime , according to the Innocence Project. Many who have been cleared by DNA evidence spent more than three decades behind bars, or may have spent significant time on parole before being declared innocent.

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Wisconsin eyewitness testimony may not be as reliable as it seems

A number of factors may impact the reliability of eyewitness testimony, which may result in people being wrongfully convicted of crimes.

When investigating a crime that has occurred, law enforcement officers in Delafield, and throughout Wisconsin, often look for eyewitnesses. The statements of people who saw a crime have long been viewed as some of the most accurate sources of proof. Judges and juries are quick to believe the testimony of people who claim to have seen first hand what happened, and who was involved. Research shows, however, that the testimony of eyewitnesses is not always as dependable as it seems.

Often, eyewitnesses misremember events and misidentify people. This has resulted in the wrongful convictions of many innocent people. Scientific American reports that 239 convictions have been overturned since the introduction of DNA evidence in the 1990s. Eyewitness testimony contributed to 73 percent of the original convictions, and one third of these cases rested solely on the testimony of eyewitnesses.

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Wisconsin man could face tenth conviction for drinking and driving

A man in Wisconsin could face charges for drinking and driving for the tenth time after he failed a sobriety test and a breath test.

Recently, a Wisconsin man was arrested after a breath test indicated that he had been drinking and after he failed a sobriety test, states the Chicago Tribune. The man, who now faces legal consequences for drinking and driving, was charged with his tenth drunk-driving offense. The man first received a conviction for intoxicated driving in 1994.

The man was originally pulled over for erratic driving and because the tail light on the car he was driving was broken. Once the man was stopped, the law enforcement official conducting the traffic stop noticed that the man's eyes were bloodshot and smelled alcohol on his breath. When the law enforcement official asked the man how much alcohol he had consumed, the man responded that he had not been drinking, but had eaten beer-battered fish at a fish fry.

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Stabbing leads to questions about trying juveniles as adults

Many children are tried as adults, but the adult prison system may be more harmful to juveniles in the long run.

By now, many people in the country have heard of the highly publicized stabbing of a 12-year-old Wisconsin girl over a fictional urban legend. This case is so unique because the ones accused of the crime are two of her friends, also 12-year-old girls. The girls are being tried as adults and face a charge of first-degree attempted homicide . However, some advocate groups question the practice of trying children as adults, saying that it doesn't solve the problem of juvenile crime and may, in fact, lead to greater problems later on.

The New York Daily News reported on the incident, during which the two girls invited their friend over for a sleepover in Waukesha, then stabbed her 19 times in a park the next day. The girls had allegedly been planning the event since December, and stated to authorities they had done it in an attempt to please a fictional supernatural character they read about on the Internet. The two girls face up to 60 years in prison if they are convicted.

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