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Recent Blog Posts
Justice Department Takes Issue With “Profit-Minded” Court Systems
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.
Proposed Bill Would Ban Uploading of Fight Videos
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.
Illinois Supreme Court Reverses Burglary Conviction in Shoplifting Case
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.
Senate Passes Bill to Prohibit Suing Inmates for Incarceration Costs
As it currently stands, more than 40 states are authorized to charge prison inmates for the costs related to their incarceration. In Illinois, the process generally involves a lawsuit filed by the Attorney General’s office on behalf of the Illinois Department of Corrections (IDOC) against a current or former prisoner who inherited or otherwise collected a sum of money during his or her incarceration. Last week, however, Illinois lawmakers took a major step toward eliminating the practice, as a bill that would prohibit such lawsuits passed the Senate by a 32-19 vote. Supporters of the legislation say that suing inmates to recover incarceration expenses can severely curtail their attempts to get back on their feet and avoid returning to criminal activity.
Exposure Leads to Action
In late November of last year, the Chicago Tribune published the story of a man who had been convicted on drug charges and was serving a 15-month prison sentence. During his incarceration, the man collected more than $30,000 in a settlement related to the wrongful death of his mother—money that he planned to use to build a new life on the outside. Before he could be released, though, the IDOC successfully sued the man for almost $20,000 to cover the costs of his imprisonment. When he was finally paroled, he left prison with virtually nothing, lived in a homeless shelter for a time, then with a family member, and, eventually, he died penniless.
Heroin Epidemic Continues to Plague Illinois
According to the most recent numbers from the federal government, fatal drug overdoses hit an all-time high in 2014, claiming the lives of more than 47,000 Americans. The number is even more staggering when you consider how much time, energy, and money has been spent on awareness campaigns and addiction treatment over the last several decades. The Centers for Disease Control and Prevention has yet to release the numbers for 2015, but few are expecting a significant decrease, meaning that tens of thousands more died due to drug overdose last year. As Illinois continues to compile its statistics for 2015, there is growing concern over the resurgence of serious heroin problem, much of it centered around the greater Chicago area.
Provisional Numbers
In 2014, there were approximately 1,700 drug overdose deaths reported in the state of Illinois. Of that number, about 42 percent, or 711, were related to heroin. Reports released earlier this month place the number of heroin-related overdose fatalities in the state at 692, with many investigations still ongoing and causes of death still to be determined. This seems to be in keeping with a terrible nationwide trend which has seen deaths related to heroin use triple in just the last four years. Government officials cite the drug’s increased availability and relative affordability as the primary factors contributing to the marked uptick in its use and abuse.
Legalized Recreational and Medical Marijuana Impacting Mexican Cartels
As the legalized selling of medical marijuana in Illinois enters its fifth month, the program, along with many others like it around the country seems to be having an effect that infamous War on Drugs could not produce. According to reports from the United States Border Patrol and other sources, the increase in government-sanctioned marijuana being grown in the U.S. is starting to drive down prices and, in turn, profits of growers and drug cartels in Mexico.
Prices Being Slashed
As far back as late 2014, even before the Illinois pilot program got underway, small-time marijuana growers in Mexico were already discussing the drop in the value of their products. One grower indicated that in 2011 and 2012, a kilogram of marijuana could bring in $60 to $90 at wholesale prices. “But now they’re paying us $30 to $40 a kilo,” he said. “It’s a big difference.” Growers in Mexico—many of whom struggle to maintain a very modest lifestyle, unlike the Hollywood image of a drug trafficker—expressed concern that legalization in the U.S., either for medical and recreational purposes, would ultimately make their production unsustainable.
Aurora City Official Picked Up on Second Theft Charge in Three Years
A simple look around any retail establishment will demonstrate the store’s concerns regarding shoplifting and retail theft. Conspicuously placed surveillance cameras, security tags, and other ant-theft devices are all designed to help reduce theft-related losses that cost retailers around the country hundreds of millions of dollars each year. In most communities, government officials and lawmakers continue to look for ways to help business owners and retail outlets protect their investments, but at least one such area representative seems to have a slightly different take on the matter.
Alderman Arrested Again
An alderman from the city of Aurora, Illinois, was arrested on misdemeanor shoplifting charges Sunday evening as she left a Meijer store on Route 59, according to police records. The woman, who represents Aurora’s 10th Ward on city council, was allegedly seen by store loss prevention personnel hiding more than $55.00 worth of merchandise in her purse, then leaving the store after paying for other items without ever opening her purse at the checkout.
Former Prosecutor Disbarred for Innocent Man on Death Row
To many people, and especially those working toward the abolition of the death penalty in the United States, the application of capital punishment in the state of Texas represents a cause for serious concern. While proponents of the death penalty continue to point to the alleged deterrent factor, the danger of condemning the wrong person is one that is certainly very real. This week, a disciplinary committee upheld the disbarment of former prosecutor over actions that led to an innocent man spending more than a decade waiting to die for a crime he did not commit.
The criminal defendant at the center of the case was convicted and sent to death row for the deaths of six people in 1992. His conviction was overturned in 2006, but it took an additional four years to secure his release from prison, when a special prosecutor finally took a closer look at his case, declaring him to be innocent and deserving of freedom.
According to court documents, the prosecutor in the original trial not only withheld evidence that may have exonerated the defendant, but allowed—and even encouraged—witnesses to provide demonstrably false testimony. The prosecutor left his post as a county district attorney in 2000, and the State Bar revoked his law license last summer following an extensive investigation. The Board of Disciplinary Appeals recently upheld the disbarment, effectively ending the former prosecutor’s career.
Judge Rules Chicago Traffic Camera Tickets Violate Due Process
As more and more communities around the country continue to install cameras at intersections and other areas of traffic concern, a Cook County judge has found major problems with the program in Chicago. The city is now facing the possibility of being forced to refund millions of dollars collected in fines from motorists who were ticketed as a result of being caught on camera.
The ruling came in a lawsuit filed almost a year ago by three named plaintiffs, alleging that the city violated its own municipal codes in the process of ticketing and collecting fines related to red-light and speed-cameras. By violating the city code, Judge Kathleen Kennedy ruled, ticketed motorists were denied due process and the proper ability to contest their issued citations.
No Second Notice
When a vehicle is caught breaking the law by a red-light camera or speed camera, the city is supposed to send a Notice of Violation to the registered owner of the vehicle. According to Chicago city code, if the owner fails to respond, a second notice is to be sent to the vehicle owner prior to the determination of liability—which is essentially a default judgment of guilt. The lawsuit against the city, however, indicates that second notices are not being sent to motorists and the liability determinations are being made too quickly. Attorneys for the claimants maintain that the second notice is a necessary step in the process to ensure a suspected violator’s right to contest the citation prior to being found financially liable. The suit further claims that late fees are being applied to fines inappropriately, failing to adhere to the timeframes and grace periods provided in the law.
Feds Requiring Electronic Record Keeping For Truckers
Truck drivers often face long hours and demanding working conditions in order to secure a living for themselves and their families. Therefore, it makes sense that protecting their commercial driver’s license is an important element of their job that keeps them on the road. However, a new federal mandate that will monitor exactly how much time is spent on the road is creating privacy concerns for some.
Electronic Logging Devices Now Mandatory
Although a federal regulation mandating that all truckers switch from keeping written or paper logs of their driving time and miles to an electronic logging device (ELD) was announced more than two years ago, it is just now taking effect in Illinois. Those supporting the change claim that requiring all truckers to be monitored via the ELD will make the roads safer for everyone who uses them.
Electronic Logging Devices will maintain a record of every hour the truck is driven, the route used and where a vehicle is at all times. Use of an EDL will not alter the allowable time a driver may spend behind the wheel, which is typically described as:
