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Recent Blog Posts
Illinois’ Hate Crime Law
In the wake of the tragedy in Charleston, S.C., there has been a great deal of public discourse about the reasons why people commit violent crimes. Those of us who handle these cases understand that a whole host of sociological, psychological, and physical factors come in to play and that in some cases it is simply impossible to know why these things happen. There is certainly some evidence that the shooter in the Charleston case may have been motivated by racism. But it is impossible for us to know if that was this young man’s exclusive motivation, and we will not understand his true mental state unless and until he undergoes psychiatric evaluation.
When race, or some other sensitive characteristic, such as gender or religion, plays a role in a crime, it often gets called a hate crime. Hate crimes have a very specific definition under the law, and it is important to understand exactly what a hate crime is.
Ignorance of the Law in Illinois
No one knows everything. We are human. However, when it comes to ignorance and the criminal law in Illinois, there is somewhat of a double standard. Criminal defendants are held responsible for their ignorance, but police are not.
What is the Law Regarding Defendants’ Ignorance?
Under Illinois statute, knowledge that certain conduct constitutes an offense is not an element of the offense unless the statute explicitly makes it so. Similarly, knowledge of the existence, meaning, or application of the statute defining the offense is not an element of the offense unless it is included in the offense. In other words, a person does not have to know that his or her conduct is criminal or that there is a law against it in order for that person to be held criminally responsible. A person’s ignorance or mistake as to a matter of either fact or law only provides a defense in extremely limited circumstances, like when the ignorance negates the existence of the mental state required for the crime or the person has relied on certain official interpretations of the law like administrative regulations, statutes, court opinions, or certain other official interpretations.
Practical Aspects of Medical Marijuana Law Remain a Challenge
In Illinois and in other states around the country, marijuana has being legalized for certain limited purposes, usually for medicinal use when certain requirements are met. The medical marijuana law was passed in January of 2014 in Illinois, but the state has run into several issues in implementing it. One of the most recent hurdles to overcome in the process of establishing medical marijuana dispensaries involves determining from what sources to obtain the seeds necessary to plant the drug.
Getting Started
Those who are interested in getting into the business of legally selling medical marijuana must overcome several hurdles in order to do so. Many requirements and regulations are written into the relevant law, including obtaining licenses, planning for security, and planning for building the facility. Once that is accomplished, growers must then decide where to obtain their first seeds or cuttings, which would enable them to actually grow marijuana for medicinal purposes. Some are arguing that this presents a challenge for legal reasons.
The Second Amendment and Criminal Law
Guns are a part of American culture. Unlike many other western nations, our country, for better or worse, has a strong connection to firearms. Aside from our having what is likely the best armed military in the world, we also have a heavily armed population and a constitutional provision that will keep our society that way. The Second Amendment guarantees us the right to “bear arms.” Despite this constitutional right, men and women across our state and our nation find themselves charged with crimes for possessing guns. How is that possible?
What Does the Second Amendment Say?
The Second Amendment is one of the shorter amendments to our constitution. In its entirety it says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Although it is short, it has led to significant confusion over the years. Some people read this language on its face to mean that individual citizens have a right to gun ownership, while others read it to mean that individual states need to have the ability to arm their militias.
New Program Treats Prostitutes as Victims Instead of Criminals
Prostitution is a crime that has been handled and mishandled many ways by society over the years. During some eras it has been ignored, in other eras it has been harshly prosecuted, and in some parts of the country it has even been legalized. It is still against the law in Illinois and the people engaging in prostitution often find themselves in need of the assistance of a criminal defense attorney. Now, however, Cook County has created a new program that will treat the people engaged in prostitution, who are all too often not prostitutes of their own volition, as the victims they are, rather than treating them as criminals.
A New Cook County Program
The Chicago Tribune reports that a new court will change the way prostitution charges are handled in Cook County. This program was in part made possible by a 2013 change in the state prostitution law that required that all prostitution cases be charged as misdemeanors rather than felonies. The court will be called the “Chicago Prostitution and Trafficking Intervention Court.” Its goals are to give people working in prostitution the tools they need to leave that life while at the same time reducing the overcrowding of local jails.
Illinois Legislature Passes Police Body Camera Law
In the wake of the killings of Michael Brown, Eric Garner, Tamir Rice, and countless other unarmed African-American men, women, and children by police officers, the public has finally started to demand that something be done about our nation’s police problem. One of the possible solutions that has been offered is requiring police officers to wear body cameras to record their conduct and misconduct. The footage created by these cameras could exonerate innocent officers, and, conversely, could be used to prosecute guilty officers. They may deter police misconduct. And, the footage could be used by criminal defense attorneys to prove when police officers violate defendants’ rights. Illinois may be the first state to enact legislation requiring police to use these cameras.
Bill Passes through Illinois Legislature and Awaits the Governor’s Signature
The State Journal-Register reports that the Illinois legislature passed a body camera bill and that it is waiting for the governor’s signature. This bill is the first of its nature to pass since President Obama convened the Task Force on 21st Century Policing. If the governor signs the bill, Illinois will be the first state to pass such a law. This one would include requirements regarding body cameras, would create new training for police officers, and would create a database where officers who commit crimes can be tracked so it is less difficult for problem officers to jump from department to department.
Cruel and Unusual Punishment
Some criminal cases result in dismissals or acquittals. Others result in plea bargains where a defendant admits his or her guilt of a crime in exchange for a more lenient sentence. In other cases a defendant is convicted at trial or pleads guilty without a plea agreement in place. In that lasts group of cases it is extremely important for a defendant to have an attorney who is experienced in handling sentencing hearings in order for the defendant to obtain the best possible outcome under the circumstances. Many individuals who are facing the possibility of very long sentences in these cases have questions about “cruel and unusual punishment.” Here we explain what the United States Constitution has to say about cruel and unusual punishment.
The Eighth Amendment
U.S. citizens’ right to be free from cruel and unusual punishment is found in the Eighth Amendment to the United States Constitution. This amendment says:
Jury Trials and Bench Trials in Illinois
Most people know that if you are facing criminal charges, and your case goes to trial, you have the right to a jury trial. Here in Illinois the right to a jury trial is in our state constitution. What many people do not realize, however, is that many criminal cases that result in trials do not result in jury trials. Instead, many people who are charged with a crime choose to have what is called a ¨bench trial.” In a bench trial, instead of having a jury decide whether you are guilty or innocent, the judge in your case makes the decision.
What Do Jury Trials Involve in Illinois?
People usually think of juries as being just like they are on television — made up of 12 people who are locked away from the public throughout the entire trial and who must all agree on any decision the jury makes. In reality, juries are different in each state, just like laws are different across state lines as well. In Illinois, criminal defendants have the right to a public trial by an impartial jury of the county in which the offense is alleged to have been committed. The jury will typically be made up of 12 members, and there may alternate jurors. Alternates are jurors who are there in case one of the original 12 get sick or injured or otherwise cannot continue to serve, thus requiring a substitution. Typically jurors are not sequestered, that is, not locked up in a hotel away from their families at night, even in serious cases. There has to be an extreme reason for a judge to sequester a jury in a regular criminal case. In Illinois all 12 jurors do have to agree in order for a defendant to be convicted or found not guilty. If they cannot agree the judge may declare a mistrial, which may result in the case being tried all over again. Jury trials generally take longer than bench trials because the jury selection process is a lengthy one, and jury trials also require specific steps, such as instructing the jurors on the law.
Illinois State Police Will Use Drones for Surveillance
Drones have now become a reality of law enforcement, and are a technology that any criminal defense attorney will have to become familiar with. Whether they are using them for surveillance, investigation, or other purposes, law enforcement will be utilizing these tools in the near future. In fact, one police agency here in Illinois has already announced its intent to do so.
Illinois State Police Plan to Use Drones
It was reported that the Federal Aviation Administration (FAA) has given the Illinois State Police permission to use drones. The state police currently plan to use the drones to photograph crash and crime scenes. On an interesting note, they are not calling the drones “drones.” Instead, they are referring to them as “unmanned aircraft.” They claim that they are not currently implementing their program for surveillance purposes.
Possessing a Lost Credit Card and Other Credit Card Crimes
Finding a wallet or purse forces you to make some choices. Ideally you would seek out the owner or turn it in at a lost and found or police station. But sometimes the temptation is too great and people keep these items. This can result in criminal charges and, depending on what a person does with the credit cards in a wallet, can result in felony charges. Misuse of your own credit cards can also result in similar trouble.
Possession of a Lost Credit or Debit Card
Under certain circumstances possession of a lost credit or debit card can actually be a crime. It is not a crime to find such a credit card and hold on to it while you try to get in touch with the owner. However, if you receive a credit card and you know it is lost and you hold onto it in order to use it or sell it or give it to someone other than the legal cardholder, then you may be guilty of a crime. This crime is normally a Class 4 felony, but if in one transaction it is committed with three or more credit or debit cards, it is a Class 3 felony.
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