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Recent Blog Posts
Study Examines Increasing Rate of Marijuana-Use Disorder
Even as efforts to decriminalize possession of small amounts of marijuana in Illinois continue, many thousands of people are estimated to use the drug on at least a casual basis. In fact, marijuana is the most frequently-used illegal drug in the United States. While that in and of itself may not be particularly surprising, recent estimates indicate that some 22 million Americans over the age of 12 use marijuana.
Many proponents of decriminalized or legalized marijuana believe the risks associated with the drug are lower than even those presented by alcohol use, including what they believe to a non-existent risk of chemical dependency. Addiction, it would seem, can take many forms, and according to study released this summer, there definitely seems to be some type of addictive quality to using the drug, at least for certain.
Marijuana-Use Disorder
A collaborative effort between researchers at Columbia University, National Institutes of Health, and the New York State Psychiatric Institute found that marijuana use has more than doubled in the last decade, as public opinion has changed dramatically. A little over ten years ago, about 4.1 percent of Americans reported using marijuana in the last year. Today, the number is about 9.5 percent. Correspondingly, marijuana-use disorder has also increased, although the incidence rate among users has remained roughly the same.
Retrial Ordered in Fatal Police Shooting
Early this week, a federal judge imposed sanctions against the city of Chicago and one of its veteran attorneys for concealing evidence in a trial concerning a fatal police shooting from 2011. The attorney resigned just hours later but, along with the city, has been ordered to pay attorney’s fees to the plaintiffs that will likely total hundreds of thousands of dollars. Only then can a retrial take place, as the family of the shooting victim seeks damages from the Chicago Police Department and the city.
Overturning the Verdict
Last March, in the original trial, a federal jury found in favor of the Chicago PD officers who shot the man, concluding the shooting was justified. The officers had testified that the man had been pulled over because his vehicle matched a description that was given over their police radios of a car connected to an earlier shooting. Court records indicated, however, that the officers could not have heard the report as they claimed because it aired in a different zone. The attorney in question admitted during the trial that he had failed to turn over a recording of the dispatch the officers actually did hear. When pressed by the judge, the attorney acknowledged that he knew about the recording prior to the trial but did not really think it would be helpful to the plaintiffs.
New Law to Allow Driving Relief for Four-Time DUI Offenders
Police officials in Bedford County, Tennessee, last week reported the arrest of a woman on charges of driving under the influence, or DUI. While such an arrest is far from unusual, the woman’s arrest history makes this particular case especially interesting. According to reports, the current charges mark the 17th time she has faced prosecution for DUI, and, correspondingly, 16 charges of driving with a revoked license. Officials indicate that the woman’s first DUI arrest was in 1985, but that six of the offenses have occurred in the last ten years.
Another Chance for Repeat Offenders in Illinois
As illustrated by the Tennessee case, some people will always try to find ways around the existing laws to do what they want. Meanwhile, here in the state of Illinois, a new law is set to take effect that will offer those with multiple DUI convictions a legal avenue for restoring some driving privileges. A person with 16 prior convictions, as one might expect, will not qualify for relief consideration, but under the new law, four-time offenders will have the ability to apply for a restricted driving permit.
How Secure Are Attorney-Client Communications in Prison?
The confidentiality of client-lawyer communications is bedrock constitutional right in our criminal justice system. However, recent revelations have shown cracks in the confidentiality of those communications when clients are in jail. Not everyone in jail has even been convicted of a crime; some are just unable to make bail and are awaiting trial.
The Securus Hack
Securus Technologies is the largest provider of telecommunication services to jails and prisons in the United States. A recent hack and data dump revealed that not only is Securus recording calls between clients and their lawyers—despite previous denials by the company—but that those recordings are not stored in a secure manner.
In a two-year period across 37 states, over 70 million calls were compromised. Of those calls, at least 14,000 calls were between lawyers and clients.
Issues With Other Forms of Communication
In this digital age, there are many ways for lawyers and clients to communicate. However, options for communicating with incarcerated clients are limited. Some jail and prison locations are too remote for frequent in-person visits.
U.S. Supreme Court Declines Highland Park Gun Law Case
Despite creating no legal precedent, the Supreme Court of the United States seemed to send a strong signal this week regarding its position on the rights of municipalities to enact strict gun control laws. By a vote of 7-2, the nation’s high court elected not to hear the challenge to a local ordinance restricting the sale of certain firearms in the Chicago suburb of Highland Park. The decision to turn down the case has no bearing on the outcome of future cases, but many believe it is further proof of the courts hesitance to expand the protections of the right to bear arms contained in the Second Amendment to the U.S. Constitution.
The Gun Ban
The denied appeal was a challenge filed against Highland Park’s ban on weapons determined to be “assault weapons,” including AR-15 rifles, and magazines with a capacity of greater than 10 rounds. The ordinance was enacted in 2013 as part of a growing concern over public access to certain firearms in the wake of highly-publicized mass shootings in Connecticut and Colorado. Advocates for gun rights quickly challenged the local law on the basis that it violated the Second Amendment’s promised right to bear arms.
Illinois Man Charged With Concealing Roommate’s Body and Obstruction of Justice
A young man appeared in Cook County Bond Court this past weekend, charged with obstruction of justice and the concealment of a death. The allegations against the 23-year-old Midlothian man are connected to the death of his 25-year-old roommate, which the man claims occurred more than two weeks ago. The court decided to hold the man without bail until an autopsy could be completed on the roommate’s body.
Trying to Avoid Eviction
According to reports from the Chicago Tribune and other news outlets, the man claimed that his roommate died of drug overdose on November 13. He allegedly panicked and, fearing that he would be evicted from their shared apartment, attempted to hide the death. He is thought to have put the roommate’s body in a suitcase, dragged it to a basement storage area, and left it there. Another resident of the building eventually notified police when the foul odor of decomposition became apparent. Police traced the smell and discovered the suitcase containing the roommate’s remains.
Woman Charged for Scamming Police So She Could Drive Drunk
It is not uncommon for individuals to find themselves in a situation where it is very tempting to drive home, despite knowing they are too drunk to legally do so. In many such cases, a phone call could solve the dilemma, reaching out to a friend, family member, or taxi cab for a ride home. Apparently, in other cases, a phone call can make the situation even worse, especially if that call forces the police to respond to a non-existent crime in progress.
“Silly Piggies”
According to police officials in northern New Jersey, instead of calling a cab, a drunk woman called 911 to report a phony assault so that she could drive home without being arrested for driving under the influence. The Parsippany woman was allegedly drunk in a bar when she decided it was time to leave, but she knew that she was intoxicated. Reports indicate that the woman called the emergency line to report “a female being attacked in the parking lot” of a different establishment. Police indicate that they responded with “lights and siren” but found nothing to suggest that the assault had taken place, including footage taken from security cameras.
What is an Attempted Crime in Illinois?
Under Illinois law you may be guilty of a crime even if you have not yet successfully completed a criminal action. Illinois has three main categories of actions that are punishable in the criminal justice system, even if a “full” crime was not committed. These categories are attempt, conspiracy, and solicitation. Sometimes these are called inchoate crimes or offenses. These are crimes that are close to occurring, but have not actually occurred yet. You can be convicted of an attempt of almost any crime.
What is the Legal Definition of Attempt?
The legal definition of an attempted crime is different than the way the word “attempt” is used in everyday language. Because attempted crimes can result in the loss of your freedom, and require a prosecutor to demonstrate your guilt beyond a reasonable doubt, the law outlines an attempted crime as having certain elements. The perpetrator must:
- Intend to commit a specific offense;
- Take an action; and
- The action must be a substantial step towards the commission of that offense.
Florida Deputy Too Drunk to Receive Award from Mothers Against Drunk Driving
A Pinellas County (Florida) Sheriff’s deputy has sent a formal letter of apology to a municipal department police chief for his inappropriate behavior at a conference and awards ceremony hosted by the public interest group Mothers Against Drunk Driving (MADD) earlier this summer. The statewide MADD event was organized to provide training and to recognize individuals for their contributions in the battle against driving under the influence. The deputy was slated to receive an award for making more than 100 DUI arrests, but, in an ironic twist, he was too drunk to attend the ceremony.
An Interesting Day
According to reports, the Pinellas Sheriff’s deputy arrived at the Fort Lauderdale hotel where the even was being held, signed in, and attended a morning session. During the first break, however, he decided the DUI enforcement training was unnecessary for him, as we he was soon transferring out of the county’s DUI unit. Investigators determined that the deputy returned to his room, began drinking, and spent the day drinking cocktails by the pool and playing party games with two other deputies who also skipped training.
Medical Marijuana Dispensaries Rake in More than $200,000 in First Week of Sales
It has taken more than two years of political wrangling, red tape, and bureaucratic delays, but legalized, medical marijuana is now a reality in Illinois. The state’s first seven dispensaries officially opened for business last week, and initial sales have been brisk, as some 3300 registered patients have been waiting for the opportunity to purchase marijuana legally. According to reports, sales of medical marijuana topped $200,000, with more than 800 individuals buying about 13,000 grams of the drug, an average of about $16 per gram or $450. There is some indication that this average is a bit above the black market price, which many expected, but the higher prices reflect more stringent testing and quality control, and officials believe the price will go down as competition picks up.
Compassionate Use Pilot Program
The state’s medical marijuana experiment is the result of legislation passed in the fall of 2013, and signed by then-Governor Pat Quinn. The measure, officially called the Compassionate Use of Medical Cannabis Pilot Program Act, allowed for a four-year, full-scale trial to determine the impact, if any, that the controlled legalization of marijuana for medical purposes would have on the state of Illinois. The law approved approximately three dozen conditions for which a patient, upon the recommendation of a doctor, could qualify to participate in the program. The most notable include cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig’s disease), Parkinson’s, and Multiple Sclerosis.
