Recent Blog Posts
Understanding Illinois Property Crimes Continued: Theft
The circumstances of any criminal case will generally dictate how the case is prosecuted, and under which charges. In many situations, it can be rather confusing, as certain charges may seem similar in definition, but are actually very different in application. Commonly misunderstood offenses include those related to property crimes, including burglary, theft, and robbery. Last week, this blog discussed some of the details related to burglary charges in Illinois, and this week, the focus will be on charges related to theft.
Theft Defined
At its most basic, as described by Illinois statute, theft is committed by a person who "obtains or exerts unauthorized control over property of the owner." This includes taking of property by deception or threat, and taking of property reasonably known or assumed to have been stolen. The action must also include the intent to deprive the owner of use, of the property permanently.
Juvenile Justice System: Some Juveniles Are Tried as Adults in Illinois
We have two different systems in Illinois that deal with criminal justice: one for adults and one for juveniles under the age of 18. Cook County was one of the first places in the country to do this, realizing that children, by their very nature, are capable of changing their nature. Their brains, including their ability to control their impulses, are not fully developed, so they are not as culpable for their bad actions as their older counterparts. Unfortunately, some of these young people in Illinois are treated as adults despite the fact that this treatment is not supported by science.
The Juvenile Justice System in Illinois
The treatment of juveniles accused of crimes is covered in Illinois by the Juvenile Court Act. One of the goals of the act is supposed to be to provide individualized assessments and adjudications in juvenile cases with the goal of rehabilitation and preventing future delinquent behavior by juveniles. This can involve detention in some circumstances, but also involves diversion programs. In other words, unlike criminal prosecutions that are based almost exclusively on the ideas of punishment, revenge, and isolation of offenders from society, the juvenile system exists so as to change childhood bad behavior so that young people may improve their behavior and work well in society. The children found responsible for crimes under the juvenile system face a different punishment system from their adult counterparts, and they have stronger privacy rights including the ability to have their records shielded from public view.
Divorce Rate Might Not Be as High as Most Think
Ask a random stranger how likely it is that a couple getting married today will eventually get divorced. Chances are, the stranger will answer that the couple has about 50 percent chance of divorce. The idea that half of all marriages end in divorce has somehow become solidly lodged in the consciousness of public opinion and it seems to be extremely difficult to shake. The actual divorce rate in the United States, according to many demographers, has never reached 50 percent, and as the divorce rate continues to fall as it has for several decades, it appears that it never will.
Overly Simplistic Estimates
Claiming that half of marriages end in divorce is a quick and easy talking point, useful for establishing social context for various political movements and groups. Some may use the number as an example of the eroding family structure, while others use it to demonstrate the need for supportive funding for low-income children and single parents. So where did the 50 percent number originate and why does it persist?
Criminal Intent: All about a State of Mind
Many crimes are made up of two parts: an action and a mental state. One example is where one person kills another. Depending on the person’s mental state when he or she kills the other person, he or she could be guilty of first-degree murder, second-degree murder, involuntary manslaughter, or maybe no crime at all. When it comes to certain crimes, much of what a criminal defense attorney winds up doing at trial is showing a judge or jury that the defendant did not have the required mental state to commit the crime. Each of these mental states has a specific legal definition set out by state statute.
Acting Intentionally
One mental state is “intent” or “acting intentionally.” For a person to be found guilty of a crime that requires that he or she have intent or act intentionally, he or she must have the conscious objective or purpose of accomplishing the result of that crime or engaging in the conduct of that crime.
Understanding Illinois Property Crimes: Burglary Charges
Property crimes can be prosecuted under a number of different charges in Illinois, depending on the circumstances of the case. Many of them, such as theft, robbery, and burglary may seem relatively similar to those unfamiliar with their distinctions. While charges related to any of these offenses can be extremely serious and carry severe potential penalties, it is important to understand what makes them different under law. Over the next several weeks, this blog will address some of the more common Illinois property crimes.
The Offense of Burglary
Illinois criminal code defines burglary as entering or unlawfully remaining on another’s property with the intent to commit a felony or theft. In situations in which a perpetrator picked a door lock or otherwise forced entry into the property, the act of burglary may be referred to as "breaking and entering." Property included in the statute regarding burglary includes:
Wealthier Children Hit Harder By Divorce, Study Suggests
Divorce can be extremely difficult on everyone involved, even those who are not directly impacted by the end of a marriage, such as extended family members and friends. It comes as little surprise to most people, therefore, that children of divorcing parents are often particularly affected by the changing situation. Research, however, is beginning to suggest that children from different income and lifestyle groups may experience varying degrees of impact.
A study was conducted last year by researchers from Georgetown University and the University of Chicago to examine the affects of divorce on the behavior of children across various income levels. The team published its findings in the journal Child Development and determined that children of wealthier parents had more difficulty in adapting to a post-divorce situation, leading to more behavioral issues than lower-income children.
What is a Statute of Limitations?
When the news reports on crimes that happened a long time ago, they often say that a person cannot be prosecuted because of the statute of limitations. However most people do not not actually know what a statute of limitations is, why it exists, or when it applies. They can actually be quite complicated so if you find yourself charged with a crime that is alleged to have happened years ago, you will need the specific advice of a criminal defense attorney.
What is a Statute of Limitations and Why Does it Exist?
A statute of limitations is a statute that limits the time frame in which a certain cause of action can be brought. A cause of action could be something like a slip and fall lawsuit or a sexual harassment complaint, or it could be a criminal charge. Every state has different statutes of limitations and most states, including Illinois, have different statutes of limitations for different crimes. The purpose of these laws is two-fold. First of all, a statute of limitations prevents people from having to live in fear their entire lives of being sued or criminally charged for something that happened years or even decades earlier. Second, and most importantly, it protects everyone’s right to have a fair trial on the matter. Having a trial soon after an alleged wrong, when witnesses are still alive, available, and have clear memories, is vastly preferable when compared to the alternative. Charging a person with a crime decades after it was committed nearly guarantees that he or she will not be able to establish an alibi or find other witnesses even if he or she is absolutely innocent.
Illinois Senate Considering Good Samaritan 911 Law for Underage Drinkers
The beginning of April marks the start of Alcohol Awareness Month, meant to be an initiative to increase education about the effects and potential dangers of alcohol abuse. While alcohol abuse can affect people of any age, recent research suggests that underage drinking, and specifically, underage binge drinking is on the rise throughout Illinois. Experts may point to a number of long-term dangers related to teen alcohol use, but for many, a single incident of overdrinking can be extremely serious or even fatal. To that end, the Illinois Senate is now considering legislation drafted to encourage young people to seek medical help for someone who has had too much to drink.
Miranda Warning: You Have the Right to Remain Silent. You Should Use It.
Anyone who has watched television in the last 40 years has heard it: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed before any questioning.” Even though we have heard these rights over and over again, most people do not understand what they mean, as well as the importance of asserting these rights. When you are a suspect in a crime, regardless of whether you are guilty or innocent, using these rights may be the most important thing you do to protect yourself.
Where Do These Rights Come From?
Even though the exact words we hear on TV and that people hear again when they are interrogated by police are not found within it, they exist because of the United States Constitution. Specifically, it is the Fifth Amendment to the United States Constitution that requires police to inform you of these rights before interrogating you. They have had to do this ever since the United States Supreme Court determined it is required in the case Miranda v. Arizona. This is why the rights are often called your “Miranda Rights.” The Fifth Amendment is the one that, among other things, protects you from being required to be a witness against yourself. In Miranda, the United States Supreme Court decided that it is extremely important for people being interrogated by the police to understand that they do not have to answer questions and that they have the right to an attorney.
How Do You Fight for Your Fourth Amendment Rights in Court?
Some people charged with crimes are innocent. Other people charged with crimes are guilty. Both deserve a passionate and skilled defense. But in some cases, the court should never even get to the issue of guilt because a more serious issue arises. There are cases where the government violates the United States Constitution, the foundation of our entire justice system. In those cases, more than any other, you need the help of an experienced criminal defense attorney. One of the most common parts of the United States Constitution violated by the government is the Fourth Amendment.
What Does the Fourth Amendment Say?
The Fourth Amendment to the United States Constitution protects your right not be be subjected to unreasonable searches and seizures by the government. This includes searches of your person, searches of your home, and searches of your stuff. This is the part of the constitution that requires police to get a warrant in order to perform a search unless either (1) you consent to a search or (2) certain exceptions to the warrant requirement are met. Unfortunately, the list of exceptions to the warrant requirement keeps growing and growing, chipping away at our constitutional rights, and each one of them is complicated enough to warrant its own article or articles. But, on a basic level, the Fourth Amendment is the part of the constitution that says the police cannot search you, your home, or your property just because they feel like it. The amendment also prevents unreasonable seizures, or takings, both of you and of your property.
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