Recent Blog Posts
The tragedy of false confessions and unjust convictions
In recent years, legal advocacy groups like the Innocence Project have been working to exonerate and free individuals who were wrongfully convicted and, as a result, wrongfully incarcerated. According to the Innocence Project website, 316 people in the United States have been exonerated (post-conviction) based on DNA evidence since the first such case in 1989. Approximately two-thirds were African American. This number represents only a fraction of total exonerations.
The high number of exonerations raises some important questions: Why were so many people wrongfully convicted in the first place? How could prosecutors and juries be so quick to convict these individuals of serious felony crimes such as sexual assault and murder? How can we keep this from happening to more innocent Americans?
There are many procedural and investigative errors that lead to wrongful convictions. Some are as simple as witness misidentification, but others are more complex. One factor in wrongful convictions is more common and problematic than most people realize: false confessions. It is estimated that among all wrongful convictions overturned by DNA evidence, about 25 percent involved a false confession by the defendant.
Should Perjury Laws Always be Enforced?
In criminal cases, prosecutors generally offer numerous types of evidence in order to prove their case in court. One type of evidence is the testimony of witnesses to or victims of the crime in question, who are sworn in prior to testifying, which symbolizes their promise to be truthful in their testimony.
However, such truthfulness is not always the case. Illinois, along with other states, has perjury laws for the purpose of deterring witnesses from providing false testimony as well as providing a means of punishment for those who decide to lie on the witness stand. However, a recent news article examines whether that law should be enforced in every situation.
Seeking the Truth
While some may argue the purpose of perjury being considered a crime is to maintain truthfulness within the court system, others say there are situations where it may prevent the truth from being told. According to the Illinois law, it is also considered perjury if a person admits that his or her earlier testimony was a lie, even if the witness testified years ago. This produces a problem by discouraging people to come forward to correct an injustice that may have occurred from false testimony given under oath. If they do so, they risk going to prison.
Age of Consent: Does it Need an Increase?
Legal Inconsistencies
There is not a universal approach to the legal age of consent across the country. Rather, states take different approaches to declaring what the age of consent is within their borders and the enforcement of such according to law. Some suggest a national age of consent of 18 to clear up these inconsistencies. In general, the ages of consent range from 16 to 18 years of age. In Illinois, the age of consent is 17 years old.
Arguments against Young Age of Consent Laws
One of the main argumentsagainst a younger age of consent is the disparity between a state saying a 16 or 17 year old can legally have sex with an adult, but are not considered adults in the eyes of the law in any other situation. Opponents of such young ages of consent say the states that have such laws place too much responsibility on young people and put them at a higher risk for negative consequences of being sexually active with adults.
Can Police Search Cell Phones without a Warrant?
The law of warrantless search and seizure and other limits on police activity has been argued and debated in criminal cases for over a hundred years. Now, that argument is extending to the use of technology in modern times. According to a recent news article, the United States Supreme Court is considering two cases about warrantless police searches of defendants’ cell phones and the legality of such actions.
What is a Cell Phone?
Each case currently before the Court portrays a cell phone in completely opposing lights. Whether the Court considers a cell phone a criminal’s tool or an individual’s virtual home will directly affect their decision and the outcome of the cases in question. The defense is arguing that warrantless searches of cell phones upon arrest violates the right to privacy in the digital age.
Minorities Affected by Illinois Juvenile Law
According to an article recently published, a study shows that the Illinois law, which required juveniles charged with certain serious crimes to be tried as adults, may be discriminatory.
The imposition of the law also takes away judges’ discretion in these cases while also increasing the likelihood that the samejuveniles will become repeat offenders in the future, according to the study.
Juvenile Justice Initiative
As part of the study, the Initiative considered 257 juvenile cases heard in Cook County between 2010 and 2012, in which juveniles were charged as adults in keeping with the law. All but one of the cases involved a defendant who was considered a minority. Out of these juveniles, over half of those that were transferred ended up pleading guilty to a lesser charge in adult court, which would not have caused the case to be transferred out of juvenile court had they been originally charged with the lesser offense.
Prevalence of White Collar Crime Higher than Perception
There are numerous examples of white collar crime in popular culture. Box office standouts like American Hustle and Wolf of Wall Street are two hugely popular films just released in the last year whose plots revolve around the crime.
Often, celebrities and other notable figures who find themselves in trouble as the result of white collar crime remain fodder for news reporters and other media outlets long after their cases have made their way through the courts.
Yet despite the seeming prevalence of white collar crime on our television sets, movie screens, and newspapers, many people simply consider themselves far removed from such criminal offenses, and are likewise mistaken about the rate at which they occur in real life. Unfortunately, many studies and statistics prove that these perceptions are simply not true.
Mentally Ill Arrested Instead of Treated
It seems that so many of the tragic news stories involving shootings at schools, military bases, and other public arenas often trace back to a perpetrator with a history of some degree of mental illness. Not every person who suffers from a mental disease commits such horrific acts. Likewise, some of those who are diagnosed as mentally ill participate in lesser acts of criminality.However, situations like these beg the question, “How can we more appropriately and properly treat the mentally ill to avoid criminal acts?”
A recent article says there is a sharp incline in the number of mentally ill people who are charged with a crime or otherwise dealt with by law enforcement in situations that would call for social workers or other community resources. This suggests that the answer to the question posed is more pressing that one might think.
Higher Speed Limit Ushers in New Work-Zone Safety Rules
The beginning of 2014 brought a change in the speed limit posted on interstates in Illinois to 70 miles per hour from the previous limit of 65 miles per hour. In light of the increased speed limit applicable to roadways across the state of Illinois, a news outlet recently reported that extra safety measures will also apply to Illinois construction zones, including reduce-speed signs and speed-indicator posted signs.
The Effect on Work-Zone Speeds
Studies indicate that on average, a car going 70 miles per hour needs 470 feet to come to a complete stop, while cars traveling at 65 miles per hour need just 405 feet to stop safely. Heavier cars, including trucks and semi-trailers, require even more distance. The safety measures for work zones, including the signs mentioned above, are used in areas where workers are present in an effort to get drivers to pay attention and slow down.
Illinois Senate Reforms Rape Law
A crippling backlog of rape kit testing is a problem in different counties and states across the country. Unsurprisingly, the state of Illinois is no exception. Backlogs in rape kit testing – due to numerous factors, ranging from the mishandling of kits to understaffing of testing labs – often caused rape cases to go without being prosecuted, essentially victimizing the one assaulted for the second time. Now, an important change in the law seeks to prevent situations like that from occurring.
SCOTUS hears 2 criminal cases on warrantless cellphone searches
It has long been the case that technology advances faster than the laws meant to regulate its use do. Sometimes laws and court rulings govern the ways in which individuals are allowed to use technology. Other times, they regulate the scope of how technology and the private data contained within our devices are protected from unreasonable search and seizure by law enforcement.
Smart phones arguably contain more personal data than most other devices that we own. Yet since the advent of the smart phone (and cellphones generally), there has been no clear guidance on whether police can search cellphones seized from a suspect upon arrest without first obtaining a warrant. Thankfully, the U.S. Supreme Court is about to hear arguments in two cellphone-related cases, each of which has significant criminal defense and privacy implications. In both cases, law enforcement officers seized the defendants' cellphones upon arrest and then searched the devices without a warrant.
Schedule Your Free Consultation
Arlington Heights Office 3030 Salt Creek Lane, Suite 120 Arlington Heights, IL 60005 Phone: 847-253-3100
At Cosley Law Office, we represent clients throughout Illinois, including Arlington Heights, Barrington, Buffalo Grove, Des Plaines, Elk Grove Village, Glenview, Hoffman Estates, Inverness, Long Grove, Mount Prospect, Mundelein, Northbrook, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Schiller Park, Wheeling, and Wood Dale, as well as Cook County, Lake County, DuPage County, and throughout the Chicago, IL metropolitan area.
Results listed are not a guarantee or indication of future case results.
© 2026 Cosley Law Office
3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100