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Recent Blog Posts
Why bring Minor Felony Charges in Juvenile Court?
As we discussed in one of our recent posts about all of the laws set to take effect in the New Year, minors up to age 17 who are charged with certain felony crimes can be tried in juvenile court in Illinois. Previously, 17-year-olds charged with a felony crime were held in county jail with other defendants of all ages, and, if convicted, would have a felony on their record for the rest of their lives. There are many motivations for the change in the law, as Illinois seems to be echoing a change in thinking that is already occurring in states across the nation.
According to an article published by DNA Info Chicago, the Illinois Juvenile Justice Commission’s stance on the issue and the support of local politicians had a lot to do with the change, which was voted on by lawmakers in earlier in 2013. The Illinois Juvenile Justice Commission took the position that since 17-year-olds cannot participate in activities such as vote or play the lottery, join the military, or pierce their ears absent adult permission, they should not be treated as adults under Illinois law for the purposes of committing a crime. The decision was made to handle 17-year-olds faced with felony charges within the confines of the juvenile justice system. The crimes that will be encompassed in the change may include anything from illegal substance charges to burglary and assault, but will specifically exclude murder and sexual assault.
New Year Brings New Police Procedure
The New Year is here, and with it come new laws and regulations that are going into effect. One change that could be especially relevant for criminal defendants involves new training for law enforcement in the use of Taser guns. According to WICS, who recently reported on the change, a new law went into effect on January 1st, 2014, and requires more training for police officers who may use Tasers on a suspect.
The new law also requires police departments to keep detailed records of their training related to Taser use and when they are used in a confrontation with a potential defendant. In the event a police officer uses a Taser on a suspect, the officer will then be required to collect certain information from the suspect.
Some law enforcement agencies reported that it had already been their practice to keep records similar to those required by the law for the last seven years, and also regularly practiced displaying Tasers when an officer had one in his or her possession, something which was not required under the old rules. Displaying the Taser involves removing it from its holster and making sure the suspect sees it as if the officer is going to use it. At times, the suspect may start complying with law enforcement after seeing it and the officer can then secure it in the holster again without having to use it. Then, the protocol is for the officer to complete paperwork stating that they displayed the Taser, the suspect complied, and was not tased.
New Legislation to Address “Knockout Game”
Chances are you have seen or heard of the disturbing new trend among teens to participate in what is known as the “knockout game,” in which the assailant unexpectedly attacks a member of the public from behind in an effort to knock them out. Victims are usually targeted at random. The dangerous trend has been featured on news broadcasts, online, and through other media outlets, who reported on the attacks with sometimes fatal consequences for the victims. Now the government is taking steps to address it.
An Illinois state representative, Dwight Kay, has proposed House Bill 3783, known as the Knockout Assault Prevention Act, which takes aim at punishing knockout game offenders. The Act would impose higher penalties on those convicted of the crime of battery while participating in the game, making it punishable by three to seven years of incarceration. It also provides that any minors above the age of 14 would be tried for the crime in adult criminal court. Currently, law enforcement seems to think that the trend is mostly confined to large cities, but if the legislation is passed into law in Illinois, any county would be able to use it.
The Drug Trade in Chicago
Many people consider the Chicago area notorious for drugs, and more specifically the abuse of heroin. In fact, citizens in the Chicago area suffer the highest number of heroin overdoses across the country. An interesting article recently published by the Chicago Reader examined the state of Chicago’s “thriving heroin business” and the history of the issue over the last 100 years.
Over the last century, Chicago’s heroin business has been able to change and thrive despite the measures aimed at curbing the behavior, including legal restrictions, increased law enforcement, and societal changes. Illegal drug markets began developing in the early twentieth century in marked areas of Chicago. Police were forced to strike a balance between cracking down on users and confining the activity to the known areas with known users and known criminal histories.
2014 Brings Change to Concealed Carry Law in Illinois
In the New Year, Illinois residents who legally own a firearm will also legally be allowed to carry the weapons on their person. As reported by Chicago Tonight, the change in the concealed carry law in Illinoiswill translate to changes for business owners, property owners, and police who may come into contact with citizens carrying weapons. When the law becomes effective next month, the state of Illinois expects tens of thousands of applications for a concealed weapon permit to be filed by citizens within the first six months of the change.
Change in Police Conduct
Prior to the law taking effect, it was illegal for Illinois citizens to carry a firearm on their person. Any time police came into contact with an individual carrying a weapon, in violation of the law, they acted according to their training in handling the situation. Now, they will have to change their mindset when dealing with a member of the public carrying a gun, since they may be doing so legally.
New Legislation Pending for Driving with Google Glass
Google Glass is being tested by a select number of people in anticipation of a roll out in 2014. The concept of device is that it is a smartphone display that is worn on your face and looks like a pair of glasses. It allows you to take pictures, view social media, make phone calls and even get directions by the sound of your voice. While it is not for sale to the general public, legislators in Delaware, New Jersey and West Virginia have introduced legislation that seeks to ban driving while wearing Google Glass frames.
Lawmakers in Springfield are also interested in stopping distracted driving on the streets of Illinois. Certain laws are already in place to accomplish this gial. Currently, it is illegal to text while operating a vehicle. Another law which will be effective in 2014 will outlaw the use of any handheld device behind the wheel.
Illinois State Senator Ira Silverstein, a Democratic representative from Chicago, recently filed a new bill that extends the law banning handheld devices. Silverstein said that using these new Google Glass is “another way people will be distracted. People’s attention to the road should not be interrupted.”
Decrease in Speeding Tickets in Cook County
Over the last few years, there has been a decrease in the number of speeding tickets issued in and around Chicago. Based on data from 2010 to 2012, there was a quarter fewer tickets both in the city and in segments of the surrounding counties.
There are a couple of possible reasons for this decrease. An analysis completed by reporters from the Chicago Tribune has shown that the state police department is very lenient on the state’s expressways. Most tickets are written when a motorist is going at least 20 miles over the posted speed limit of 55. Provided that high threshold, it is not likely to find people to give speeding tickets.
Another reason for the decrease in speeding tickets is state-wide budget cuts. There are fewer troopers on the road which means there are fewer people to give out tickets.
The Defense of Entrapment in Illinois
Some criminal defendants find themselves charged with a crime as the result of police “encouragement,” which may involve an undercover officer or confidential informant interacting with the defendant in the commission of the crime. When a defendant in this situation discovers the extent of the circumstances surrounding his or her arrest, there are usually serious concerns and questions that arise almost immediately concerning the legality of the police conduct. Illinois law provides guidance on this issue.
The law in Illinois provides for the affirmative defense of entrapment, which is meant to provide protection against law enforcement’s use of aggressive or reprehensible tactics in inducing criminal conduct. According to the relevant statute, a person is not guilty of a criminal offense if his or her conduct is incited or induced by the police or their agent for the purpose of obtaining evidence against them. See 720 ILCS 5/7-12. However, this defense is not available if the defendant was predisposed to commit the crime and law enforcement’s actions merely afforded the defendant the opportunity or ability to commit the offense. Typically, the defense of entrapment is relevant in “vice” crimes, such as prostitution or drug deals, since these crimes are committed privately with willing victims who will not otherwise report the crime, which makes normal detection exceedingly difficult.
Miranda Rights: What They Mean to You
Any television program involving crime will undoubtedly include a scene in which, upon apprehension of a suspect, law enforcement will begin to recite the familiar verse, “You have the right to remain silent. Anything you say can and will be held against you in a court of law…” Many viewers can likely repeat the Miranda rights from memory, but may not be aware of their legal significance.
The Fifth Amendment of the U.S. Constitution provides protection against due process violations for defendants charged in a criminal matter. This includes the right to protection against self-incrimination. In Miranda, the U.S. Supreme Court extended the protection against self-incrimination to include statements, including confessions obtained outside the courtroom, provided certain circumstances exist. According to the Court in Miranda, officers need to apprise a suspect of his or her rights before custodial interrogation occurs in order for any statements made by the suspect to be admissible as evidence in a future court proceeding. An officer may not interrogate a suspect until after warnings have been given and the suspect knowingly, intelligently, and voluntarily waives those rights, usually in a signed writing.
Changes in Illinois Law Meant to Curb False Confessions
Stories of wrongful convictions seem to be more popular as we make advancements in technology that was previously unavailable. Oftentimes, DNA or other forensic evidence serves to exonerate a defendant that was previously convicted of a crime, despite the fact that enough evidence was presented to support a guilty verdict. Even more surprising, the individual may have confessed to the act during police interrogation even though they were actually innocent. The Juvenile Justice Information Exchange recently ran a series of articles regarding false confessions and filmed interrogations. The latest addition focuses on Illinois’ new interrogation law, and its intended effect on reducing wrongful convictions.
The article discusses the case of Juan Rivera, who was wrongfully convicted of a rape and murder he did not commit due to coercive interrogation methods. He was charged with the crimes, even though he had been under electronic monitoring which showed he was at his home more than two miles away when the crime occurred, and there was no physical evidence connecting him to the scene. However, Rivera ended up signing a confession that police prepared and placed in front of him after four days of intense questioning that broke him down to the point of being in tears and speaking incoherently. Because of that confession, he spent 19 years in prison before he was finally freed in January 2012. Many people blame this, and other similar cases, on corrupt police tactics under the supervision of Chicago Police Cmdr. Jon Burge. Rivera’s interrogation was not recorded, despite the availability of the equipment. This meant it came down to Rivera’s word against the word of the police. The new law, which requires police to record interrogations in the investigation of certain violent crimes, is meant to safeguard against such police tactics and avoid tragic outcomes like Juan Rivera’s.
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