Recent Blog Posts
Proposed Legislation to Ease Penalties for Drunk Drivers
According to an article recently published by the Chicago Tribune, one Illinois lawmaker is going against past trends of increasing penalties provided for by state law associated with driving under the influence (DUI) offenses. Instead, the representative is attempting to build support for a measure that would somewhat ease penalties faced by repeat DUI offenders.
Redemption Bill
The representative decided to sponsor what is known as the “redemption bill” after being confronted by an individual from her district. The man told his story, and the representative took a first hand look at his treatment, which proved to her that the man had turned his life around since his offense. Her measure would change the existing DUI laws in a limited way. The proposal would apply to those people found guilty of a fourth DUI offense who would have otherwise permanently lost their licenses and allow them a limited permit to only drive to and from work.
Racial Profiling by Police
Citizens are bound by constitutional protection, courtesy of the Fourth Amendment, in almost all encounters with police and law enforcement. The specific protections and relevant law of Fourth Amendment search and seizure issues are broad and potentially complex. One such issue addressed in the media recently involved an incident in the Chicago area of Illinois that included allegations of racial profiling by police.
The Incident
In March of this year, two workers were arrested while doing community outreach work on behalf of an organization. On that day, their work involved going door-to-door in a predominantly white southwest Chicago neighborhood in an effort to inform city residents about the then looming deadline to sign up for the Affordable Care Act. While doing so, they were stopped and frisked by Chicago Police Officers and later charged with misdemeanor offenses.
Gun Crime in Chicago
A recent news article discussed the overwhelming problem of gun crime in the city of Chicago, especially in light of the violence that occurred throughout the city over Easter weekend. That weekend, nine people were killed and at least 36 were wounded. Among the 36 wounded were six children. Now, Chicago law enforcement officials are taking a closer look at the problem.
Gun Violence
Representatives from the Chicago Police Department are saying that part of the problem of overwhelming gun violence is that there is a new trend among young men who believe the only way to solve conflict is to use a gun. They are likening the problem to a social disease and health issue, particularly in communities where the problem is especially prevalent and results in a high number of lives being lost. In addition, the authorities have reason to believe at least some of the shootings were gang related, or in retaliation for previous shooting incidents. Investigations are ongoing.
Domestic Violence in Illinois
There is no shortage of statistics on the incidence of domestic violence across the United States, though the accuracy of the numbers is questioned due to incidents of domestic violence often being unreported.
According to the Illinois State Police, it is currently estimated that a woman is beaten every 15 seconds across the country. Domestic abuse can happen among all classes and races, and does not discriminate between income level or education. Domestic violence often occurs in a pattern of threats, insults, jealous rages, and temper-fueled outbursts that are aimed at isolating and overpowering the victim.
Illinois Law
Funding Approved for Meth Treatment Program
Drug use and addiction is a problem that runs rampant in the state of Illinois and across the country. The use of methamphetamine (meth) is a particular concern for residents of Illinois. In recent years, Illinois reported rising meth use along with an increased number of meth labs seized by police. Now more than ever, the importance of an effective meth treatment program for drug users is clear.
Treatment Program
There is hope for drug, and specifically meth, users in the state of Illinois. According to a recent news article, a nationally recognized meth treatment program based in Benton, Illinois, has secured continued funding. The funding includes a $1.2 million grant for the treatment program, which is geared towards serving the needs of juveniles who range in age from 10 to 18 years old.
Medical Marijuana Legal, but Not Available in Illinois
One of the many recent and significant changes to the criminal laws in the state of Illinois involved legalizing the use of marijuana for medical purposes. At the time, many saw this as an important step in Illinois criminal law. However, months after the law was enacted, ABC Local reportedthat the law may not have any real effect on the public in the timeframe originally expected.
Availability of Medical Marijuana
A signed bill legalized medical marijuana in Illinois nine months ago. At that time, the plan was to make medical marijuana available to eligible patients beginning in the fall of 2014. Since then, there has been one of two planned public hearings to discuss rule proposals. That hearing made clear that the original timeframe by which to have the substance available is not realistic.
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.
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