| 24 HOUR | ANSWERING | | | 847-253-3100 |
| SERVICE | |||
3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005 | |||
24 HOUR ANSWERING SERVICE
Recent Blog Posts
Sex Abuse Charges and Elderly Defendants
It should go without saying that sex crimes are serious offenses that have severe consequences associated with them. These cases present many issues that need to be addressed, but some cases involve special circumstances that deserve extra consideration. As one report points out, one type of sex offense case that involves additional issues are those in which an elderly defendant is charged with a crime stemming from facts that allegedly occurred decades ago.
Health Concerns
In addition to the myriad of other issues inherently involved in sex crime cases, those in which an elderly defendant is charged usually have an additional set of unique factors to consider. Not only can these cases involve displacing a criminal defendant from his or her place of residence, but can also involve extradition issues, which may be more common the further back in time the facts supporting the charges supposedly occurred. All of this is compounded by any health concerns elderly defendants have, which can also vary in severity. In some cases, an elderly defendant’s life could be placed at serious risk before they are even tried for their crime.
High Tech Tools Used for Police Surveillance
According to recent report, law enforcement officials in communities across the country, in small towns and big cities alike, are using increasingly sophisticated technology for police surveillance purposes. Some of that technology includes ultra high definition cameras, programs that are able to read license plates and recognize faces, as well as systems that can alert police to suspicious behavior. With such access into the lives of citizens, some are saying that such monitoring is a serious threat to privacy and strict guidelines need to be in place regarding how police use this technology.
The Need for Regulations
When invasive technology is used for police surveillance, private citizens often have a number of concerns. These range from rules regarding how the technology can legally be used to the disposal of the recorded footage that does not relate to criminal charges or the investigation of a crime. The main problem, and likely a substantial part of the reason such rules and guidelines have not been advanced, is that technology is developing at a faster pace than laws can keep pace with.
U.S. Supreme Court Review of Case Regarding Hearsay and Sixth Amendment
The United States Supreme Court has decided to review a criminal case that contains issues of hearsay and related Sixth Amendment considerations. In the case, the defendant was charged and convicted of physically abusing two minor children. The trial court allowed testimony from one of the child’s teachers who repeated the victim’s out of court statement to them, even though the older child was deemed incompetent to testify. The statements related to the identification of the defendant. The case was appealed to the appropriate state appellate court, which reversed the conviction, and then to the State Supreme Court, which affirmed the appellate court’s decision.
Defendant’s Argument
Defendant’s argument on appeal was that the introduction of the above mentioned witness’s testimony violated his Sixth Amendment right to confront his accuser. At trial, the jury was exposed to testimony and the defendant was not given the chance to properly cross examine the individual who actually made the statements. Now that the case has reached the Supreme Court, they are expected to address issues about the statements that include whether the teachers were effectively acting as law enforcement officers conducting an interrogation since they are mandatory reporters of child abuse, and whether the child’s statements to the teachers can be considered testimonial.
Continued Call for Treatment of Mentally Ill in the Criminal Justice System
The continued imprisonment coupled with lack of treatment of some criminal defendants who suffer from a mental illness continues to be a problem in the state of Illinois and across the country. The issue of the mentally in in the criminal justice system has been getting media attention recently, and with good reason. In fact, this firm has featured several blog posts concerning this topic in the recent past. Now, there is a renewed call for additional treatment of inmates with serious mental illnesses. According to a recent report, new research is bolstering the argument for treatment even further.
More than Mental Health Services
Expanding Crime Victim Rights up to Voters
There has been much focus in the recent past on criminal justice reform and addressing issues within the system that may unduly prejudice criminal defendants. However, another key player in the criminal justice system is the victim of a particular crime, who is also granted certain rights according to the system. However, not every privilege afforded to victims within the context of the prosecution of a criminal case is always enforceable.
For example, at a defendant’s sentencing, the victim is usually granted the opportunity to speak through a victim impact statement that is presented to the court. Nevertheless, some courts have decided not to take such a statement and proceed to sentencing without hearing from the victim. As a recent report points out, victim advocates are calling for a change in the rules of criminal procedure in this area, making it a right to deliver a victim impact statement. The change will be left in the hands of Illinois voters on today’s ballot.
Federal Action Renews Privacy Questions
An recent report discussed federal action in a drug case involving the use of a fake social media account seemingly belonging to a criminal defendant who had been charged with numerous drug crimes. Allegedly, a Drug Enforcement Administration (DEA) agent set up a false account using photos and other personal information taken from a criminal defendant’s cell phone in order to get others to reveal incriminating information. Although the Justice Department is purportedly reviewing the case, a federal lawsuit ensued and the case was set to be heard in a New York Court in mid-October, but may now be mediated.
Privacy Considerations
This case is just one example of the privacy concerns that have been raised in different states across the country – including Illinois – specifically regarding the protection of privacy in light of developing technology. The law is clearly struggling to keep up with the changing world of social media, cell phones, and other technological developments. While the use of some of these technologies may be acceptable and legal within the context of a criminal investigation, it seems the line can easily be crossed into raising important privacy issues that both courts and law enforcement may find difficult to address.
High Juvenile Arrest Rates in Local Illinois Counties
Juvenile cases, like all other criminal cases, vary in severity depending on the charges and the circumstances surrounding the offense. Most of the time, juvenile cases differ from adult criminal cases mainly in the focus on rehabilitation over punishment in sentencing. There is an intense aim to intervene with juvenile offenders at a young age in order to give the minor his or her best chance at avoiding a life of crime.
Counties with High Arrest Rates
According to a recent report, some local Illinois counties are addressing the problem of juvenile arrests much more often than others. The Illinois Criminal justice Information Authority looked at data gathered from 2012 regarding juvenile arrests in the state of Illinois. In that year, approximately 30,000 minors between ages 10 and 16 were arrested in the state.
Criminal Justice Reform: New Law Regarding Trial Procedure in Illinois
Among many other responsibilities, it is the duty of attorneys to stay up to date in any change in law or procedural rules that affect their area of practice. This is necessary not only to maintain up to date knowledge on the area of law that they practice, but also to provide competent representation to every one of their clients when bringing a case in court. Especially in criminal matters, staying abreast of any change in the relevant law, rules of criminal procedure, or any other criminal justice reforms is of the utmost importance, as even the slightest change can affect the outcome of a case.
New Law in Criminal Trials
There has been much talk about reforming the criminal justice system in Illinois recently, something this blog has discussed many times in the recent past. This interest in criminal justice reform is not isolated to the state of Illinois, but rather, is an issue being addressed in many states across the country, and even on the federal level. With all of this in mind, it is perhaps not surprising that a new law is going into effect that reportedly reflects a landmark in criminal justice reform. The new law requires that forensic psychiatric reviews of defendants must be disclosed in order for judges to evaluate the facts behind an opinion regarding a defendant’s mental fitness to stand trial.
2014 Marks Decrease in Federal Prison Population
White collar crime is often not considered as serious as other types of criminal conduct, but it is often punished just as harshly. Depending on the type of crime and the severity of the offense, the defendant could be looking at a substantial amount in prison. In many cases, white collar crimes may be prosecuted at the federal level in federal court. Such cases involve slightly different laws and procedure, plus the imposition of a federal prison term.
There has been discussion in Illinois and across the country recently about sentencing reform, decriminalization of certain criminal acts, and shorter prison terms. All of this is likely in an effort to achieve both fair and practical effects by both reforming the criminal justice system and decreasing prison populations. According to recent report, there has been an important shift in the federal prison population toward those ends.
Discussions on Decriminalization of Marijuana Ongoing in Illinois
According to a recent report, Chicago Mayor Rahm Emanuel has proposed the decriminalization marijuana in certain circumstances. While similar suggestions have been voiced in the past, it seems that not everyone in the state of Illinois is on the same page regarding the proposal. In fact, some very opposite opinions have been raised about reforming drug charges from officials in the state.
The Mayor’s Position
Mayor Emanuel is reportedly arguing that some drug possession charges should be reduced in severity. Specifically, he is allegedly advocating for the decriminalization of marijuana possession in small amounts across the state of Illinois and for the reduction of the criminal grading of possessing less than one gram of any controlled substance from a felony to a misdemeanor. He said that doing so would make the criminal justice system more available to address more serious challenges to public safety and further the progress that has already been made.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
