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Recent Blog Posts
Charges Dismissed Against Man Convicted of 1957 Murder
A legal process consisting of several steps led to the dismissal of murder charges against the man previously convicted of what had once been the nation’s oldest cold case. According to the law, the man could potentially face similar charges in the future, but prosecutors close to the case claim that further prosecution is highly unlikely.
Cold Case “Solved”
In December of 1957, a 7-year-old girl was abducted near her home in Sycamore, then a farming town in DeKalb County. Her body was found some five months later. The case remained open for more than five decades. In 2012, a man who had been questioned by the FBI in 1957 was suddenly back in the spotlight, despite apparent evidence that he had not been in Sycamore at the time of the abduction. Based on a photo lineup using a 50-year old image of the man, an eyewitness—who was with the victim the night of her disappearance—identified him as the person who approached them. The man was subsequently convicted in a bench trial and was sentenced to life in prison.
State Senator Claims Chicago Is “False Confession Capital of the Whole United States”
According to the National Registry of Exonerations, a compendium maintained by the University of Michigan Law School, nearly 150 convicted criminals were fully exonerated in 2015, the highest number in a single year ever. The list included 13 individuals convicted in Illinois of murder and sex crimes. While any wrongful conviction is a matter of great concern, the high rate of false confessions in such cases is alarming, with 27 reported nationwide and eight of 13 here in Illinois. False confessions—while a problem for any defendant—are especially likely when the suspect is a juvenile, as younger individuals are often unsure of their rights and are unable to maintain composure during interrogation.
Based on these concerns, State Senator Patricia Van Pelt, D-Chicago, has introduced legislation to ensure that all juvenile suspects have legal counsel present for entire interrogation process. Sen. Van Pelt says she is looking to protect the rights of young suspects in the state and in her home city. “The one thing about Chicago,” she said. “It is the false confession of the whole United States.”
Domestic Violence Defined: What Does Illinois State Consider Abuse?
Domestic violence is among one of the most controversial topics in both public and private arenas and is a serious matter throughout the world of criminal law. Every state enforces different laws to address domestic abuse, but there are certain circumstances that are considered to be criminal offenses across the United States, regardless of where you live. All are direct threats to a person’s physical, mental, and emotional well-being.
Is It Really Abuse?
The state of Illinois recognizes that domestic violence comes in many forms. Words hurt, as does mental agitation, manipulation, and any act that forces a person to experience something against their will. Any of the following circumstances are considered by the state to be valid, serious cases of abuse:
- Harassment - Stalking, following, or watching someone to the point where they are uncomfortable, unable to function, or go about their day normally are all forms of harassment. If it interferes with someone’s personal space, distracts them from work or other important obligations, or negatively impacts them emotionally or physically, it is a crime.
Illinois Makes Driving Relief Available Sooner for First-Time DUI Offenders
There is a good possibility that you know at least one person who has been negative affected by the consequences of driving under the influence, or DUI. Of course, those who suffer only the criminal and administrative penalties are the lucky ones, as DUI contributes to thousands of accidents, injuries, and deaths each year around Illinois and throughout the country. Illinois lawmakers, though, have recognized the importance of allowing first-time offenders to learn from their mistakes rather than focusing on harsh punishments. With this in mind, recent changes to Illinois law provide that first-time DUI offenders may be eligible for certain driving relief programs sooner than ever before.
Statutory Summary Suspensions
The administrative penalties associated with DUI are handled by the Office of the Secretary of State, and directly impact a suspected offender’s driving privileges. If you are pulled over and asked by law enforcement to submit to chemical testing for blood-alcohol content (BAC), refusal or failure of such a test will result in the suspension of your driving privileges. For a first offense, failing a BAC test will result in a six-month suspension, while refusing the test results in a one-year suspension. Second or subsequent failures or refusals result in significantly longer suspensions. These penalties apply regardless of whether you are actually convicted of DUI or not, and a conviction will, as you might expect, impose additional consequences.
Justice Department Takes Issue With “Profit-Minded” Court Systems
The statutes that govern the criminal justice and court systems in Illinois are full of references to fines, penalties, and financial sanctions to which an individual may be subject in certain situations. These monetary obligations could be the result of a simple traffic violation, a conviction on DUI charges or other crime, or simply as fees for taking a matter into court. There has been growing concern that lower-income individuals and families experience much greater difficulty in the pursuit of justice than those who can afford such costs. This week, the federal government has officially acknowledged the problem and has issued warnings to local municipalities and courts around the country.
A Growing Problem
The United States Department of Justice—commonly called the Justice Department—has issued a letter to chief judges and legal administrators in all 50 states asking them to be aware of the fines and fees that poor defendants are being required to pay. The letter expresses concern that many courts are using such practices to raise revenue, rather than for their intended purposes of ensuring public safety. Incarcerating individuals for failure to pay is also troubling to federal officials, according to reports, and is often counterproductive. In addition to mountains of debt for those who can least afford it, the letter takes issue with trapping people in “cycles of poverty that can be nearly impossible to escape.
Proposed Bill Would Ban Uploading of Fight Videos
As society becomes increasingly connected, more and more people are trying to find “entertaining” things to post on social media outlets and other websites. Of course, there are photos and videos of cute children, comedic sketches, video blogs, and other, relatively harmless material all over the internet. But some have begun posting videos of violent interactions between teens and young adults, raising concerns that uploading and sharing of such fights encourages and glorifies violent behavior. Now, lawmakers in Illinois have proposed legislation that would make posting such videos illegal in the state.
Seemingly Simply Proposal
The bill was introduced by State Representative Terri Bryant, R-Murphysboro, after she was disturbed by an online video depicting a brutal fight between two pre-teens. The bystanders’ behavior was particularly concerning to her, as they watched and recorded the fight on their phones rather than helping or preventing the altercation. As proposed, the measure would make uploading fight videos or videos depicting other criminal activity a misdemeanor offense of disorderly conduct. The proposal also limits prosecution to videos uploaded “to a social media website or social networking site” in a manner that promotes or condones the activity, and to those who refuse to provide the video to law enforcement when requested.
Illinois Supreme Court Reverses Burglary Conviction in Shoplifting Case
The Illinois Criminal Code contains provisions to address all manner of illegal activity. In many cases, there may be more than one statute that could apply to a particular situation. While some make sense and are often used in tandem, such as a reckless driving charge in connection with charges of DUI, others seem to be more of a stretch. One such example can be found in a case recently heard by the Illinois Supreme Court regarding burglary charges being brought against a defendant who stole from a Walmart during normal business hours.
Retail Theft or Burglary
Under Illinois law, there are separate statutes that deal with shoplifting, or other retail theft, and burglary. A person commits retail theft by stealing, altering prices, or otherwise failing to pay the proper price for merchandise in a retail setting. Retail theft charges range from a Class A misdemeanor up to a Class 3 felony, depending on the value and nature of the merchandise. Burglary, by contrast, refers to a person entering or remaining without authority on the property of another with the intent to commit a theft or felony. The most basic burglary charge is a Class 2 felony.
Senate Passes Bill to Prohibit Suing Inmates for Incarceration Costs
As it currently stands, more than 40 states are authorized to charge prison inmates for the costs related to their incarceration. In Illinois, the process generally involves a lawsuit filed by the Attorney General’s office on behalf of the Illinois Department of Corrections (IDOC) against a current or former prisoner who inherited or otherwise collected a sum of money during his or her incarceration. Last week, however, Illinois lawmakers took a major step toward eliminating the practice, as a bill that would prohibit such lawsuits passed the Senate by a 32-19 vote. Supporters of the legislation say that suing inmates to recover incarceration expenses can severely curtail their attempts to get back on their feet and avoid returning to criminal activity.
Exposure Leads to Action
In late November of last year, the Chicago Tribune published the story of a man who had been convicted on drug charges and was serving a 15-month prison sentence. During his incarceration, the man collected more than $30,000 in a settlement related to the wrongful death of his mother—money that he planned to use to build a new life on the outside. Before he could be released, though, the IDOC successfully sued the man for almost $20,000 to cover the costs of his imprisonment. When he was finally paroled, he left prison with virtually nothing, lived in a homeless shelter for a time, then with a family member, and, eventually, he died penniless.
Heroin Epidemic Continues to Plague Illinois
According to the most recent numbers from the federal government, fatal drug overdoses hit an all-time high in 2014, claiming the lives of more than 47,000 Americans. The number is even more staggering when you consider how much time, energy, and money has been spent on awareness campaigns and addiction treatment over the last several decades. The Centers for Disease Control and Prevention has yet to release the numbers for 2015, but few are expecting a significant decrease, meaning that tens of thousands more died due to drug overdose last year. As Illinois continues to compile its statistics for 2015, there is growing concern over the resurgence of serious heroin problem, much of it centered around the greater Chicago area.
Provisional Numbers
In 2014, there were approximately 1,700 drug overdose deaths reported in the state of Illinois. Of that number, about 42 percent, or 711, were related to heroin. Reports released earlier this month place the number of heroin-related overdose fatalities in the state at 692, with many investigations still ongoing and causes of death still to be determined. This seems to be in keeping with a terrible nationwide trend which has seen deaths related to heroin use triple in just the last four years. Government officials cite the drug’s increased availability and relative affordability as the primary factors contributing to the marked uptick in its use and abuse.
Legalized Recreational and Medical Marijuana Impacting Mexican Cartels
As the legalized selling of medical marijuana in Illinois enters its fifth month, the program, along with many others like it around the country seems to be having an effect that infamous War on Drugs could not produce. According to reports from the United States Border Patrol and other sources, the increase in government-sanctioned marijuana being grown in the U.S. is starting to drive down prices and, in turn, profits of growers and drug cartels in Mexico.
Prices Being Slashed
As far back as late 2014, even before the Illinois pilot program got underway, small-time marijuana growers in Mexico were already discussing the drop in the value of their products. One grower indicated that in 2011 and 2012, a kilogram of marijuana could bring in $60 to $90 at wholesale prices. “But now they’re paying us $30 to $40 a kilo,” he said. “It’s a big difference.” Growers in Mexico—many of whom struggle to maintain a very modest lifestyle, unlike the Hollywood image of a drug trafficker—expressed concern that legalization in the U.S., either for medical and recreational purposes, would ultimately make their production unsustainable.
