Politics vs. real life. A living wage is a start.

• Author: Herman, Greg

Byline: GREGG HERMAN

On Jan. 19, the Wisconsin Assembly gave a final approval to a proposed constitutional amendment that would, they claim, make it more difficult for violent criminals to get out of jail on bail. The proposal will go before voters where it will undoubtedly be ratified in the April 4 election.

The amendment would require a judge to consider a defendant's potential risk to public safety, including his or her criminal history, when setting bail. According to its proponents, currently cash bail is set only to ensure the person appears in court and does not consider those factors.

As politics, this proposed amendment makes great sense; in real life, it is completely and totally a waste of time and efforts.

Do the proponents really think that a court does not consider a defendant's potential risk to public safety, including his or her criminal history, in setting bail? Serving as a part-time Milwaukee County Assistant District Attorney assigned occasionally to felony intake court, let me assure everyone that public safety and criminal history are important components of a court's bail determination. The argument before the court is simple: To the extent that a defendant constitutes a risk to society or has a prior record, the greater risk of the defendant's non-appearance in court. And guess what? Having made this argument numerous times, I can assure you that the courts get it and very much take these factors into account.

So, while this amendment would do no harm, it is completely unnecessary. Put another way, it makes good politics, but is meaningless for addressing and of the real issues in the criminal justice system.

Now, if the Legislature would really like to improve the operation of criminal courts, I have a couple of suggestions which would be more than politics.

One: Pay defense...