Recent Blog Posts
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.
Will Cook County Courtrooms Feature Cameras?
The Cook County court system has been experiencing its fair share of problems lately. The latest issue facing Chief Judge Timothy Evans involves awaiting the Illinois Supreme Court’s decision on his request to allow the presence of cameras in the County’s courtrooms. He made that request over two years ago, and the Supreme Court has yet to provide its answer to his application.
Cook County Stands Alone
Cook County’s is the only application that the state’s high court has not approved among the counties who have applied for the permission. Cook County’s application was filed in January 2012, only a few days after the Supreme Court’s ruling that allowed audio and video recordings in courtrooms in certain circumstances.
While Cook County’s application has been pending, several cases were tried in the county that attracted public interest and probably would have produced requests for courtroom cameras. Such cases ranged from murder charges to alleged acts of terrorism.
Illinois Supreme Court Rules on Recorded Conversations
The Illinois Supreme Court recently ruled on the constitutionality of a statute regarding the legality of audio-recording a conversation. According to that law, any person who records a conversation without the consent of all parties involved in the conversation commits a crime. The law as written is broad, and defines a conversation as any oral communication between two or more people, regardless of whether one of the parties intends for the conversation to be private.
Facts of the Case
The facts giving rise to the case that was eventually heard by the Illinois Supreme Court involve a pro-se party to a child support proceeding. That party recorded a hearing that was held in open court during which a court reporter was not present. He also recorded a conversation between himself and opposing counsel prior to the start of the hearing. The recording was the pro-se party’s only record of the proceedings, in which he participated without the benefit of counsel or a court reporter keeping a record. He was charged with violating the aforementioned statute as a result of these actions.
Severe Consequences for Fatal DUI Driver
Many people struggle with addiction and as a result, many criminal cases involve the use, possession, or other acts that occur while under the influence of drugs and alcohol. While these cases alone are often troubling, combining the use of illicit substances and deciding to operate a vehicle can significantly compound a tragic outcome. Such was the case for a man who was recently sentenced to 12 years in prison after being responsible for a fatal accident while under the influence of drug and alcohol.
The Criminal Case
The defendant was charged with driving under the influence of alcohol, heroin, and alprazolam at the time of the crash that occurred when he rear-ended a car, killing an 11-year-old boy and severely injuring another car occupant. The car struck was stopped in a line of other vehicles because of an earlier accident that occurred on the road.
Indirect Effects of Mandatory Minimum Sentences
Defendants who are convicted of certain types of crimes – including murder, sex offenses, and drug crimes – face sentences that often include mandatory minimum incarceration time. These are minimum periods of incarceration that leave very little room for judicial discretion or leniency in their imposition, and can amount to decades spent in jail for the defendants.
The intended purposes that are achieved by such mandatory minimum sentences include deterrence, protecting the public, and punishment of the perpetrator. However, such lengthy mandatory sentences also have indirect effects that ripple outward from the defendant. As a recent article discussed, mandatory minimum sentences involve collateral damage to children of defendants who are forced to parent from prison.
A Wave of Incarcerated Parents
Just before the year 2000, there were almost 1.5 million minor children who had a parent that was incarcerated. That number represented an approximate 50 percent increase from the same statistic in 1991. The significant increase is arguable directly correlated to the emergence and imposition of mandatory minimum sentences, which caused an influx of incarcerated individuals as judges’ discretion was severely limited in handing out prison terms.
The Basics of Shoplifting in Illinois
Shoplifting is typically a crime committed by citizens who follow the majority of other laws. The National Association for Shoplifting Prevention reported that between 2001 and 2006, roughly 10 million people were caught shoplifting. It is also estimated that almost 10 percent of all Americans shoplift.
The National Self Help & Support Center defines shoplifting as “theft or stealing of any kind from a retail store…taking merchandise from a retail store without paying for it or without intending to pay for it.”
What’s important to know is that shoplifting laws are different in every state and many laws also vary between each local jurisdiction as well. This post is specific to Illinois
If you have been caught shoplifting for the first time, you should call a criminal attorney to help you get a lighter penalty for your first offense. Many factors will be considered when the court decides what your sentence will be including if you have completed an education program and if you have shoplifted previously.
Zero Tolerance in Illinois
According to United States law, no person under the age of 21 is allowed to consume alcohol and no person of any age is allowed to drive while intoxicated. Many times, adults will have a couple drinks and drive home safely, with a blood alcohol content below the legal level of 0.08. If a person under 21, however, is pulled over and is found to have a blood alcohol content of anything above 0.0, he or she can be charged.
This is called thezero tolerance policy of Illinois for underage drinking, says CyberDriveIllinois.com. If a person under 21 is caught driving with even a trace of alcohol in his or her system, he or she will lose all driving privileges. Police officers can only pull over a person if he or she has probable cause.
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