Recent Blog Posts
Illinois Passes Another Troubling Eavesdropping Law
In the past the Illinois legislature passed a law that, among other things, made it illegal for law abiding citizens to record on-duty police officers doing their job. Fortunately, the Illinois Supreme Court struck down this terrible law, which was obviously unconstitutional. Illinois legislature has now passed another eavesdropping law, and while it does not have the exact same problems as the first law, it is still deeply troubling to anyone who cares about civil liberties or the rights of criminal defendants.
The New Eavesdropping Law
NBC Chicago reported on the new law, which passed the state Senate by a margin of 46 to four and is now awaiting the governor’s signature. It is supposed to focus on protecting “private” conversations. The prior law in Illinois made it illegal to record any conversation without having the consent of all of the parties involved. That is how prosecutors used it to prosecute citizens who recorded cops behaving badly. This new law will keep the ban on recording a conversation without every party’s consent, but will supposedly only apply to private conversations. However, that is not all the law does. It also dangerously expands the power of police to record citizens without seeking a warrant.
Chicago Police May Soon Be Wearing Body Cameras
In the wake of public outrage over the police killings of Eric Garner in New York and Michael Brown in Missouri, some, including President Obama, have called for the use of body cameras by police. The hope is that requiring officers to use these cameras may prevent or provide proof of the behavior of bad officers while protecting those who do their jobs correctly. These cameras may also be extremely useful in criminal defense cases as they could provide an actual record of what happened or was said rather than jurors being forced to guess at which witness is more credible. It appears that Chicago police officers may be amongst the first to use these cameras, perhaps within the next couple of months.
Chicago Police Could Wear Body Cameras Within Two Months
Chicago’s ABC7 reports that Chicago police could be wearing body cameras within two months, according to Chicago Police Superintendent Garry McCarthy. This comes after some police in Elgin have been testing the cameras for a year. The details of the Chicago program are not yet finalized. However, McCarthy told reporters that a number of officers have volunteered to use the cameras and that some sort of program should be up and running within 60 days.
Avoiding A DUI During The Holidays
The holidays are rapidly approaching, and with it come plenty of opportunities to celebrate with good cheer. However, this is the time of year when most DUI’s will occur. In efforts to help you avoid a DUI during the holidays, be sure to follow your common sense, and keep these things in mind:
- Do not drink and drive. It’s as simple as this. However, if you do feel the need to have a drink, be sure to be smart about your consumption and use common sense. If you have too much to drink, call a cab, stay the night, or have a designated driver take you home.
- Do not rely on alcohol detection devices. Technology such as portable breath testing devices (PBT) and evidential breath testers (EBT) are not a reliable way to determine you intoxication level since they are all flawed in some way.
- Do not go by the "one drink an hour" rule. Not everyone can tolerate alcohol the same way. One’s alcohol metabolism depends on variables such as body weight, food content, hydration level, and gender, which is different for everyone.
Tips For Divorced Parents On How To Handle The Holidays
The holidays are right around the corner, which can be special time of year. However, there are many families that have a difficult time during this special time of year, especially when they are in a new position, as they may be with a divorce or separation.
Here are some tips for parents on how to handle the holidays, making it more enjoyable for you and your children:
- Avoid arguments. Whether it may be about with whom you child is spending the holidays, or an argument for any other reason, it is critical to ensure that you are avoiding these arguments at all costs. This will help to keep your child at ease and decrease any tensions that there may be.
- Be flexible. Things don’t always happen the way we want them to, especially during the holidays. If plans do change, be sure to be open to these changes and be accommodating to your child’s needs.
- Keep your child informed. One of the best ways to communicate with your child is by keeping open line of communication. Keep them involved and informed in your, and their plans.
Grand Juries and Preliminary Hearings for Most Defendants
Recently, national news coverage has been focused on decisions made by grand juries not to charge police officers with crimes related to the deaths of Michael Brown and Eric Garner. These cases bring up a whole host of important issues facing our society revolving around race relations and police use of force. But they can also act as a teaching tool. Regarding the grand jury proceedings that happened in these cases, they demonstrate what does not happen in the vast majority of criminal cases.
Grand Juries for Most People
In Illinois, like in most states, people can be charged with crimes in two different ways. The first way, under the Illinois Constitution, is by a grand jury indictment. Like in these high profile police cases, the grand jury’s job is to determine whether there is probable cause to believe an offense has been committed, and whether there is probably cause to believe the defendant is the one who committed the offense. That is really where the similarities end. While extremely complex cases can sometimes require extended evidence to be presented to a grand jury, in the overwhelming majority of cases brought before them only one or two witnesses will testify. At least one of those witnesses is often a police officer. The witnesses are usually lead through their testimony by the prosecuting attorney who usually then requests that the grand jury indict on some particular charge. Criminal defendants almost never testify in grand jury proceedings because they are not allowed to have a defense attorney present when they do so. For criminal defendants who are not police officers, and thus are not in any way on the same side as the prosecutor, testifying in a grand jury proceeding could be extremely harmful to their case.
Rhetoric is Wrong: Violent Crime is Actually Down
Day after day we hear the rhetoric about how bad crime is today and about how much worse crime is now than it used to be. Stories pop up about Chicago being the murder capital of America. Citizens are left to believe that there is some mass criminal class that is much worse than it has ever been before. The problem with all of this is that it simply is not true. In fact, violent crimes rates are the lowest they have been since the 1970s.
Violent Crime is Down
The Chicago Tribune reports that violent crime in the United States fell 4.4 percent in 2013, bringing the violent crime rate to its lowest level since the 1970s. Fewer violent crimes were reported last year than have been reported in any year since 1978. This trend rings true for all types of violent crimes including but not limited to murder, rape, and robbery. The violent crime rate has fallen every year since 1994 and has fallen by roughly 50 percent since 1994. Property crimes were also down last year.
Arrest Rates in U.S.
According to a recent article published by a national news source, there is a significant difference in races represented when considering arrest rates in the United States. USA Today reportedly analyzed arrest rates of police departments across the country and found that many law enforcement agencies arrest and charge African Americans with crimes at significantly higher rates than other races. In fact, in many locations, the rates were at least three times higher and up to 10 times for African Americans. These statistics were not isolated to small towns or suburban areas, but included larger, more diverse cities as well, including Chicago.
Why the Disparity?
While the numbers may be relatively easy to measure and report on, the more difficult and more relevant concern is why they are so. Experts say the mere fact the the racial disparities in arrests exist does not address what causes them. The reasons could range from anything to police bias to being a result of the socioeconomic gaps that exist between people in many areas of the country. Regardless of the source, the mere fact that such a significant disparity exists in the high number of black people that are arrested, stopped, searched, and imprisoned compared to individuals of other races suggests a problem that deserves attention, especially in current times.
Understanding The Penalties For Underage DUI’s In Illinois
This time of year often brings home many college students, as well as lots of holiday parties. With this brings more opportunities for young adults to fall victim to underage DUI’s.
With the legal drinking age being 21 in the state of Illinois, any person who consumes alcohol under the age of 21 is illegal. However, in the state of Illinois, there are exceptions to this rule. These exceptions are: if alcohol is being consumed for religious reasons, and if alcohol is being consumed on private property and under the consent of a legal guardian.
Since Illinois is a zero tolerance state, if an individual that is underage is determined to have a Blood Alcohol Content (BAC) level of 0.00% or higher, then they will be charged with driving under the influence (DUI).
Below are the penalties that you may face if you are charged with an underage DUI:
1st Conviction
City Visitors Must Abide by Chicago Gun Laws
Considering some of the tragic events that occur in the world today, it is perhaps not surprising that citizens who choose to exercise their Second Amendment right to bear arms also may choose to travel with their firearms. Whether they anticipate using the weapon for self defense or protection, or just simply to gain some peace of mind, it is important for those individuals choosing to do so to realize that there are usually laws regulating weapon possession by which they must abide. If not, violators of weapons laws may face serious criminal charges, including felony crimes. Visitors to this area should also be aware that they need to follow Chicago gun laws, as well.
Gun Laws in Chicago
According to a recently published news article, gun owners who visit Chicago should familiarize themselves with the city’s gun laws before deciding to take their weapon with them to the city, or to the state of Illinois. There are three main laws governing possession of firearms that are applicable throughout the state, including in the city of Chicago: one in the Criminal Code, one in the Wildlife Code, and the Firearm Owner’s Identification Act. These laws are in addition to any local regulations or ordinances put in place by smaller communities within the state of Illinois. Even those who are not residents of Illinois are subjected to these laws and are expected to abide by them while in the state.
Mandatory Reporting in Child Abuse Cases
In areas of criminal law dealing with children, some punishments are particularly harsh when the law is violated. Such is the case with matters involving child abuse allegations. Not only does the perpetrator face potentially serious criminal charges, but additional laws also act to place responsibility on other adults in the child’s life who may have had a reason to believe the abuse was happening. In light of some recent event happening in a local county, a recent news article was published by the Chicago Tribune to help explain the Illinois law regarding mandated reporting.
Reporting Child Abuse
There is a criminal case pending in a local Chicago-area county involving allegations against teachers who reportedly failed to report suspected child abuse. The criminal case is ongoing. The relevant law in the case is the Illinois Abused and Neglected Child Reporting Act, which is rarely used in the state but has been active for almost 40 years. The Act includes a section defining those who are considered mandated reporters, and teachers are included in the law’s definition. According to its terms, mandated reporters have an obligation to contact law enforcement officials if they have reasonable cause to believe a child is the victim of abuse.
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