The following is a policy analysis by Steven Biskupic, former U.S. attorney for the Eastern District of Wisconsin. This paper is part of the Badger Institute’s ongoing assessment of policing issues, including use of force, discipline and transparency. The Badger Institute has invited the Wisconsin Professional Police Association to offer an alternative viewpoint.

By STEVEN M. BISKUPIC

Executive Summary

In the aftermath of controversial police shootings going back decades, a divided public continues to struggle with how to respond. To those supporting police officers, the lack of criminal charges may mean nothing more than Wisconsin police officers have exercised appropriate discretion in each controversial shooting and no charges against any officers were warranted. To others, the lack of any charges in these cases supports a contention that the system was rigged in favor of law enforcement officers, particularly when a minority is the person who was shot or killed.

A change to state law would help bridge the gap between these two groups, as well as add credibility to the district attorney review of police shootings. Wisconsin should enact a civil rights law that changes the inquiry on fatal police shootings from whether the officer committed a homicide to whether the officer willfully used excessive force in violation of the U.S. Constitution.

Our work in advancing free markets, opportunity and prosperity in the Badger State is only made possible by generous donations from our supporters. We never have, and never will, accept government funding. Donate online or email Angela Smith, Director of Development. The Badger Institute is a 501(c)(3) tax-exempt nonprofit organization.

Free markets, limited government, and individual liberty – you know these principles, now hear the stories of the men and women who embody them and the policies that advance them. Listen as the team from Wisconsin’s Badger Institute come together to demystify, explore and discover ways to make communities in our state freer and more prosperous, one episode at a time.