March
2006
Jensen Conviction Shows Balance in Courts
Would justice be served? When State Assembly Representative Scott Jensen was found guilty on multiple felony counts today by a jury, the answer was a resounding yes. Although his sentencing won’t be until April or May, you have to wonder whether Jensen will get the same treatment as his Democratic counterparts received.
When Democrat Chuck Chvala (a leading caucus system reformer) was sentenced to 9 months jail for charges less than those Jensen was convicted of, the Judge was overly aggressive in his sentencing but there are several differences with the Jensen and Chvala case.
Jensen wasn’t interested in a plea deal and stayed in office while under indictment and while his case was ongoing. None of the other legislators, either Democratic or Republican ran for office after they were charged. Jensen was clearly guilty of the charges and his defense was in part an argument that he wasn’t the first person to abuse power in the legislature.
While other legislators accepted plea bargains offered by the district attorney’s office, Jensen balked, proclaiming his innocence. Despite being under felony indictment, his Waukesha and Brookfield voters rewarded him by elected him again. Now they’re about to lose him as Wisconsin law doesn’t allow a convicted felon to hold office. Once Jensen is sentenced, he will be a felon, and as such will be removed from office the hard way.
So what should the sentence be? I don’t know. Is Jensen a threat to society? No. Were his charges any more egregious than those other legislators were convicted of and got stiff sentences for? On some charges yes, and on other charges he is equally guilty.
But lighter sentences are reserved for defendants who cut deals. This helps keep the courts running smoothly and reduces backlogs. Some would argue that people who accept plea deals shouldn’t be cut any slack but the reality is that no one would accept plea deals if the sentencing was just as stiff for a plea deal as for a conviction.
Jensen balked at a plea deal. He took the risk and now he has to pay the price. If he does not get a stiffer sentence than the legislators that accepted plea deals, there is no justice.
Jensen deserves a sentence of at least a few years.
That being said, I would hope the Judge recognizes that Jensen is not a risk to society. High security prison beds should be reserved for those that are a danger to society. Jensen, like the legislators that fell before him, should have the opportunity to serve at least half of his sentence on the Huber work release program. He should not be allowed work release to work on political campaigns or further his partisan goals — that would be akin to giving a bank robber work release to work in a gun shop.
To all of those former legislators who have left the public sector, let me offer a word of advice. There is life after politics. Turn your energies to the private sector. Many people who have been successful in whipping together votes will find that their skills translate easily into the private sector if they abandon their direct connection to politics. Go ahead, start a blog, pen an editorial for your local newspaper if the spirit moves you and have fun with a few friends kicking back with a few cold ones and share old “war” stories. Reconnect with old friends you may have neglected hooking up with and on the 4th of July which you’ve set aside for parades while in office. That weekend is now a great weekend to go camping with them.
Scott Jensen will now have to do what other convicted legislator before him have had to do — face the fact that he will not be able to spend time with his family. This is the price that must be paid when a crime is committed. Unfortunately it is not Jensen alone who will pay for his crime, but his family also by not having a husband or father around.
But the Judge must send a message to those who are either now abusing the public trust, or those who would otherwise consider abusing the public trust in the future. He must also send a message that there is a penalty for clogging the courts with trials where the defendant has already all-but-admitted to the crimes. He has no other choice than to hand down a stiff, but fair sentence.
So tonight I won’t be laughing at Jensen’s expense. It is a good day for justice and Jensen may be the last person to fall in the caucus scandal but it’s still a somber day in politics.
Jim McGuigan
Jim McGuigan, Watchdogging Wisconsin
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