Recent Blog Posts
Status of Anti-Violence Program Questioned
The state of Illinois has frequently been in the news as of late regarding numerous programs and efforts regarding criminal justice that are in various stages of development and implementation. In fact, our law firm’s blog has featured many articles related to these efforts, including expungement seminars and attempts at sentencing revision. Now, a recent news article is highlighting an anti-violence program, in light of information that was discovered about it, as the result of a new study that was performed by researchers.
CeaseFire
CeaseFire is a program that furthers anti-violence efforts among the criminal population. Now, the program itself is under scrutiny as a new study is now underway regarding its effectiveness. Northwestern University previously conducted a study, which found that CeaseFire acts to reduce crime as participants, called “interrupters,” hit the streets in the most dangerous neighborhoods and attempt to settle conflicts before guns are used in shooting wars. Those who participate as interrupters are often ex-felons themselves. The new study being conducted by the University of Chicago and the University of Illinois at Chicago is being performed in an effort to reveal some additional information about the true impact of the program CeaseFire, and many are saying that the questions being studied are ones that need answers.
Law to Require Videotaped Interrogations a Plus for Police
A proposal to legally require videotaped interrogations of offenders who aresuspected of certain crimeshas been passed. A recent news articlereports that even though the proposal was originally intended to focus, at least in part, on suspects’ rights, police are seeing it as a positive change for them, as well.
Momentous Change
Cook County has seen about 100 wrongfully convicted criminal offenders be exculpated in the previous approximately 25 years. The most recent examples of this came fairly recently when the convictions of two men for a double murder in 1992 were thrown out and a $40 million settlement was revealed to the public in the case of five men who were wrongfully convicted of a 1991 rape and murder. Both of these cases were tried before a 2003 law made it mandatory to videotape police interrogations of homicide suspects. This and other reforms since have acted to reduce the risk of false confessions by criminal suspects. Other factors, such as a cultural shift in police behavior and improved technology, are also credited with ensuring the correct person is prosecuted for a particular crime.
Navigating a Traffic Stop
Police can use any number of possible violations as a reason to pull over a vehicle, from an expired registration or broken tail light to erratic driving or speeding. Sometimes, these actions alone constitute violations of an applicable traffic safety law. Other times, law enforcement may use these violations as a pretext to stop a vehicle and determine if another crime has been or is being committed. It is important for citizens to be aware of their rights when being pulled over by a police officer. Read on for advice on what to do if you are pulled over by law enforcement.
Conducting Yourself
If you see an officer attempting to pull you over, drive your car to the nearest safe spot on the side of the road. It is likely in your best interest to be as polite and courteous to the officer as possible at this point. Show you are willing to cooperate by rolling down your window and placing your hands on your steering wheel. Cooperate with any requests to see your driver’s license and registration.
Potential Revised Criminal Sentences in Illinois
According to arecent news article, lawmakers in Illinois may soon be considering a reduced criminal sentencing structure. While lawmakers are reconsidering the criminal sentences imposed on certain offenders who are convicted of crimes of a lower level in favor of shorter sentences, they maintain the state is not easing up on crime. Rather, the state legislator who is behind the idea to form a committee tasked with reconsidering the sentencing guidelines says it is more about acting more effectively, and less about letting criminal offenders get off scot-free for their offense.
Joint Criminal Justice Reform Committee
The Use of Stingrays: Lines between Public and Private Life Unclear
Technology is expanding and being developed at a more rapid pace than ever. In light of this, it is perhaps not surprising that numerous instances involving police searching practices are presenting issues about the violation of citizens’ rights. More specifically, the argument centers around whether the police tactics are an invasion of privacy or whether the information would otherwise be available to the public. Arecent article discussed this issue within the context of law enforcement use of a specific type of surveillance technique.
The Use of Stingrays
Illinois State Police allegedly began using devices called Stingrays around 2008. This is only one of the law enforcement agencies in the majority of states across the country that have decided to employ the use of such devices. Stingrays are mobile devices that obtain and record information from cell phones when the phones connect to mobile towers. The practice is considered by many to be less than ethical in conducting surveillance. Even more troubling is that this information was supposedly previously unknown until it was discovered through a Freedom of Information Act Request.
Proposed Law Regarding Accessibility of DNA Testing
The Chicago Tribune recently published an article that discussed a proposed law in the state of Illinois that would allow inmates who have previously pled guilty to have access to DNA testing that would prove their innocence.
The Legislation
The proposed law, which many are speculating that Governor Pat Quinn will sign into effect, represents a small but substantial change in the current law regarding DNA testing. The proposal would give inmates new access to DNA testing in order to prove their innocence after they have previously pled guilty to criminal charges. On the national level, exonerations are overall on the decline as inmates’ appeals based on DNA evidence are moving through the court system. Illinois would follow in the footsteps of 44 other states that have allowed inmates who pled guilty to seek DNA testing.
Illinois’ Marijuana DUI Law Not Changed by Legislators
According to an article recently published, state legislators in Illinois will likely not address issues brought up by the inclusion of marijuana in the state’s DUI law until next year. Currently, the law allows law enforcement to charge drivers with a DUI who were driving under the drug’s influence, even when no evidence of impairment exists. Many are joining in an effort to change this portion of the DUI law in Illinois.
A Bill to Change the Law
A bill was drafted to address the issue and was sponsored by a Senator from Chicago. Although it was recently returned to the Senate committee, likely for the rest of the General Assembly’s current session, supporters are adamant that it will not be forgotten. The plan is to reintroduce the bill next session. Many supporters of the bill are saying the reason for the delay is due to the perception that the bill may be moving backwards in DUI enforcement. Because of this perception, it may take some time for the proposal to gain support.
Federal Drug Offenders May Have Shorter Prison Terms
Strict sentences for drug offenseshave recently been debated,in addition to the problem of overcrowding at prison facilities across the country and the associated cost to house so many inmates. Not only are states struggling with these problems, but the government on the federal level is seeking ways to address the same issues as well.
A recent news article revealed that Attorney General Eric H. Holder supported a proposal to reduce the incarceration time for some of those in prison in an effort to achieve a more fair criminal justice system for minorities as well as lower costs for taxpayers.
Gun Violence Seen by Some as Public Health Concern
In light of the many recent fatal shootings in the media, not to mention the countless mass shootings marring our nation’s recent past, it is perhaps not surprising that many are trying to pinpoint the true root of the problem of gun violence, and attempt to come up with ways to address it. A prior blog post discussed the treatment of the gun problem as more of a mental health issue. Now, according to an article published by CBS News, experts are suggesting the mass violence is more properly considered and treated as a public health crisis.
Gun Violence as a Disease
The article suggests that it is essentially a waste of time to continue debates about gun reform and a flawed mental health system. Rather, a more effective way of ending the cycle of gun violence is to treat it as a disease and enlist the help of healthcare workers in fighting it. Experts say that a health-based system is necessary for gun violence prevention.
An Opportunity for Expungement
Under Illinois law, those convicted of certain crimes may be able to clear their criminal record. While this is a positive thing for many eligible people, the problem is that many are not aware of their option to do so. This often puts them at a disadvantage when it comes to education and employment opportunities after completing their sentences. However, according to a recent article, the clerk of the Cook County Circuit Court is working to spread awareness about the law so that people can take advantage of the benefits it offers in having their records expunged.
Expungement Summit
The clerk has been running a campaign for the last ten years aimed at educating offenders about their options to get their criminal records sealed or expunged. While she has made progress, there is still room for improvement, particularly among juvenile offenders. An educational summit will be held to continue the campaign. The goal is to let people know if they have an opportunity to expunge their court records, and to take advantage of the second chance it affords them to be law-abiding citizens and productive members of society. The law is aimed at removing as many obstacles as possible for people who are trying to better themselves and the life of their family. Many agencies and organizations from Cook County will be involved in hosting the event.
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