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U.S. Supreme Court Says Sixth Amendment Does Not Guarantee Speedy Sentencing

 Posted on May 25, 2016 in Uncategorized

As we have talked about recently on this blog, the right to a fair trial is one of the cornerstones of the American criminal justice system. Of course, amidst local and national concerns of false testimony by law enforcement and apparent flaws in forensic evidence processing, many wonder if a fair trial is an impossible ideal.

Be that as it may, the Sixth Amendment to the U.S. Constitution states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” This means that a defendant has the right not only to a fair, public trial, but also a speedy one. The United States Supreme Court, however, has ruled that the Sixth Amendment right to a speedy trial does not extend to the sentencing phase once a defendant has been convicted.

Betterman v. Montana

The case before the high court essentially began with a guilty plea by a man in Montana for skipping bail in 2012 and failing to appear on charges for domestic assault. The man then waited in prison for more than 14 months for his sentence to be determined, much of the wait blamed on institutional delays by the court. The man was ultimately sentenced to seven years in prison, with four of the years suspended. He appealed his sentence on the basis that the 14-month delay violated his Sixth Amendment right to a speedy trial.

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Chicago Police Investigating Officers for False Testimony

 Posted on May 25, 2016 in Uncategorized

When you are accused of any type of criminal activity, your right to a fair trial is guaranteed by the Sixth Amendment to the U.S. Constitution. A fair trial presumes that everyone involved is invested in the equal application of the law, properly convicting the guilty, and acquitting those who are not guilty by legal standards. Of course, not every person will always tell the whole truth in court, even under oath. The concern becomes even more serious when the individual providing false, misleading, questionable testimony is an officer of the law. False testimony by police officers seems to be a fairly significant problem in Northern Illinois, as the Chicago Police Department has announced that six officers are now under investigation for false testimony regarding cases in which they were involved.

Investigative Reporting

The Chicago Tribune recently conducted an investigation which allegedly found more than a dozen examples of officers making false or questionable statements in court. This number does not include many more officers who may have created false reports but never testified in the courtroom. The involved cases ranged from large-scale investigations to small-time operations, and reportedly included testimony regarding a $50,000 brick of cocaine and a $30 bag of heroin. Some officers, according to the newspaper investigation, would even lie about the direction they were driving at a given time. Now, it appears, the Department is attempting to address the problem.

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Study Suggests Tests for Marijuana Impairment Not Based in Science

 Posted on May 25, 2016 in Uncategorized

Even as Illinois lawmakers consider a bill that would, for the first time, provide a marijuana intoxication standard for charges of driving under the influence (DUI), a new study claims that the foundation for such standards is seriously flawed. The study even went so far as to suggest that setting legal limits of THC in a driver’s blood has no scientific basis and that comparing the effects of alcohol and marijuana on a driver’s ability to operate a vehicle safely is not an apples-to-apples comparison.

BAC and THC Levels

Across the country, a driver found to have a blood-alcohol content (BAC) of .08 is considered to be under the influence, as decades of research have supported a relationship between BAC levels and impairment. With the increase in legalized use of marijuana, including recreational use in several states and medical use in about two dozen, including Illinois, lawmakers and law enforcement officials have been looking for a similar way to relate marijuana impairment to a quantifiable standard.

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Charges Dismissed Against Man Convicted of 1957 Murder

 Posted on May 24, 2016 in Uncategorized

A legal process consisting of several steps led to the dismissal of murder charges against the man previously convicted of what had once been the nation’s oldest cold case. According to the law, the man could potentially face similar charges in the future, but prosecutors close to the case claim that further prosecution is highly unlikely.

Cold Case “Solved”

In December of 1957, a 7-year-old girl was abducted near her home in Sycamore, then a farming town in DeKalb County. Her body was found some five months later. The case remained open for more than five decades. In 2012, a man who had been questioned by the FBI in 1957 was suddenly back in the spotlight, despite apparent evidence that he had not been in Sycamore at the time of the abduction. Based on a photo lineup using a 50-year old image of the man, an eyewitness—who was with the victim the night of her disappearance—identified him as the person who approached them. The man was subsequently convicted in a bench trial and was sentenced to life in prison.

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State Senator Claims Chicago Is “False Confession Capital of the Whole United States”

 Posted on May 24, 2016 in Uncategorized

According to the National Registry of Exonerations, a compendium maintained by the University of Michigan Law School, nearly 150 convicted criminals were fully exonerated in 2015, the highest number in a single year ever. The list included 13 individuals convicted in Illinois of murder and sex crimes. While any wrongful conviction is a matter of great concern, the high rate of false confessions in such cases is alarming, with 27 reported nationwide and eight of 13 here in Illinois. False confessions—while a problem for any defendant—are especially likely when the suspect is a juvenile, as younger individuals are often unsure of their rights and are unable to maintain composure during interrogation.

Based on these concerns, State Senator Patricia Van Pelt, D-Chicago, has introduced legislation to ensure that all juvenile suspects have legal counsel present for entire interrogation process. Sen. Van Pelt says she is looking to protect the rights of young suspects in the state and in her home city. “The one thing about Chicago,” she said. “It is the false confession of the whole United States.”

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Domestic Violence Defined: What Does Illinois State Consider Abuse?

 Posted on May 24, 2016 in Uncategorized

Domestic violence is among one of the most controversial topics in both public and private arenas and is a serious matter throughout the world of criminal law. Every state enforces different laws to address domestic abuse, but there are certain circumstances that are considered to be criminal offenses across the United States, regardless of where you live. All are direct threats to a person’s physical, mental, and emotional well-being.

Is It Really Abuse?

The state of Illinois recognizes that domestic violence comes in many forms. Words hurt, as does mental agitation, manipulation, and any act that forces a person to experience something against their will. Any of the following circumstances are considered by the state to be valid, serious cases of abuse:

  • Harassment - Stalking, following, or watching someone to the point where they are uncomfortable, unable to function, or go about their day normally are all forms of harassment. If it interferes with someone’s personal space, distracts them from work or other important obligations, or negatively impacts them emotionally or physically, it is a crime.

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Illinois Makes Driving Relief Available Sooner for First-Time DUI Offenders

 Posted on April 16, 2016 in Uncategorized

There is a good possibility that you know at least one person who has been negative affected by the consequences of driving under the influence, or DUI. Of course, those who suffer only the criminal and administrative penalties are the lucky ones, as DUI contributes to thousands of accidents, injuries, and deaths each year around Illinois and throughout the country. Illinois lawmakers, though, have recognized the importance of allowing first-time offenders to learn from their mistakes rather than focusing on harsh punishments. With this in mind, recent changes to Illinois law provide that first-time DUI offenders may be eligible for certain driving relief programs sooner than ever before.

Statutory Summary Suspensions

The administrative penalties associated with DUI are handled by the Office of the Secretary of State, and directly impact a suspected offender’s driving privileges. If you are pulled over and asked by law enforcement to submit to chemical testing for blood-alcohol content (BAC), refusal or failure of such a test will result in the suspension of your driving privileges. For a first offense, failing a BAC test will result in a six-month suspension, while refusing the test results in a one-year suspension. Second or subsequent failures or refusals result in significantly longer suspensions. These penalties apply regardless of whether you are actually convicted of DUI or not, and a conviction will, as you might expect, impose additional consequences.

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Justice Department Takes Issue With “Profit-Minded” Court Systems

 Posted on April 16, 2016 in Uncategorized

The statutes that govern the criminal justice and court systems in Illinois are full of references to fines, penalties, and financial sanctions to which an individual may be subject in certain situations. These monetary obligations could be the result of a simple traffic violation, a conviction on DUI charges or other crime, or simply as fees for taking a matter into court. There has been growing concern that lower-income individuals and families experience much greater difficulty in the pursuit of justice than those who can afford such costs. This week, the federal government has officially acknowledged the problem and has issued warnings to local municipalities and courts around the country.

A Growing Problem

The United States Department of Justice—commonly called the Justice Department—has issued a letter to chief judges and legal administrators in all 50 states asking them to be aware of the fines and fees that poor defendants are being required to pay. The letter expresses concern that many courts are using such practices to raise revenue, rather than for their intended purposes of ensuring public safety. Incarcerating individuals for failure to pay is also troubling to federal officials, according to reports, and is often counterproductive. In addition to mountains of debt for those who can least afford it, the letter takes issue with trapping people in “cycles of poverty that can be nearly impossible to escape.

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Proposed Bill Would Ban Uploading of Fight Videos

 Posted on April 16, 2016 in Uncategorized

As society becomes increasingly connected, more and more people are trying to find “entertaining” things to post on social media outlets and other websites. Of course, there are photos and videos of cute children, comedic sketches, video blogs, and other, relatively harmless material all over the internet. But some have begun posting videos of violent interactions between teens and young adults, raising concerns that uploading and sharing of such fights encourages and glorifies violent behavior. Now, lawmakers in Illinois have proposed legislation that would make posting such videos illegal in the state.

Seemingly Simply Proposal

The bill was introduced by State Representative Terri Bryant, R-Murphysboro, after she was disturbed by an online video depicting a brutal fight between two pre-teens. The bystanders’ behavior was particularly concerning to her, as they watched and recorded the fight on their phones rather than helping or preventing the altercation. As proposed, the measure would make uploading fight videos or videos depicting other criminal activity a misdemeanor offense of disorderly conduct. The proposal also limits prosecution to videos uploaded “to a social media website or social networking site” in a manner that promotes or condones the activity, and to those who refuse to provide the video to law enforcement when requested.

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Illinois Supreme Court Reverses Burglary Conviction in Shoplifting Case

 Posted on April 16, 2016 in Uncategorized

The Illinois Criminal Code contains provisions to address all manner of illegal activity. In many cases, there may be more than one statute that could apply to a particular situation. While some make sense and are often used in tandem, such as a reckless driving charge in connection with charges of DUI, others seem to be more of a stretch. One such example can be found in a case recently heard by the Illinois Supreme Court regarding burglary charges being brought against a defendant who stole from a Walmart during normal business hours.

Retail Theft or Burglary

Under Illinois law, there are separate statutes that deal with shoplifting, or other retail theft, and burglary. A person commits retail theft by stealing, altering prices, or otherwise failing to pay the proper price for merchandise in a retail setting. Retail theft charges range from a Class A misdemeanor up to a Class 3 felony, depending on the value and nature of the merchandise. Burglary, by contrast, refers to a person entering or remaining without authority on the property of another with the intent to commit a theft or felony. The most basic burglary charge is a Class 2 felony.

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