Blog

Blog

Recent Blog Posts

ICJIA releases searchable database on Illinois criminal statutes

As the former Executive Director of the Illinois Criminal Justice Information Authority, I am proud that my former agency has released a new searchable database for the Illinois’ criminal statutes. In the past, the Authority has not only constructed model databases for criminal justice purposes but has also conducted award-winning criminal justice research. The database […]

Legislation Introduced in Springfield Regarding Expungement of Emergency Orders of Protection Which Do Not Become Plenary Orders

Frequently, persons inquire whether an emergency civil order of protection may be expunged from the records of the Circuit Court. Currently, as such an order is a civil matter, there is no means to expunge such a case that is dismissed. Legislation that was introduced in the state legislature, if passed and signed as law, […]

Federal report on Youth in the Adult Criminal Justice System

Recently, the United States Department of Justice National Institute of Corrections published a report, “You’re An Adult Now. Youth in Adult Criminal Justice Systems,” which can be found at https://static.nicic.gov/Library/025555.pdf. When I was Executive Director of the Illinois Criminal Justice Information Authority, I sat on the board of ReDeploy Illinois, the state’s policy team to […]

United States Supreme Court rules the installation of a GPS device is a search under the 4th Amendment

Today, the United States Supreme Court ruled in United States v. Jones, 565 U.S.__, (No. 10-1259) that law enforcement’s attachment of a global positioning system tracking device on an automobile and its use to monitor that car’s movements constitutes a search under the 4th Amendment to the United States Constitution. The Court reiterated that the […]

United States Supreme Court recent decision on eyewitness identification

The United States Supreme Court recently limited the ability for defendant’s to successfully challenge a suggestive or unreliable identification in Perry v. New Hampshire , ___ U.S._____, (Slip Opinion 10-8974), January 11, 2012. In an opinion written by Justice Ginsburg, the Court listed some of the guarantees of a fair trial, “the right to counsel, […]

Newspaper support for changing the Illinois eavesdropping statute

I have posted that Illinois’ eavesdropping statute makes it a felony to audio-tape police officers working in public. Legislation has been introduced to change the statute. Now, the legislation is garnering newspaper support in that the Chicago Sun-Times supports changes in the law. https://www.suntimes.com/opinions/9995701-474/editorial-time-to-allow-recordings-of-police-officers-at-work.html

Update of Illinois’ eavesdropping statute

I have posted regarding Illinois’ controversial eavesdropping statute. In Illinois, persons can be prosecuted for audio-taping a police officer engaged in official duties while in public if the officer does not consent to the taping. According to the Chicago Tribune, one state legislature has filled a bill to allow audio-taping. https://www.chicagotribune.com/news/local/ct-met-eavesdropping-bill-20120113,0,4634735.story

Illinois Supreme Court rules that a preschool is not a “school” for penalty enhancement of Delivery of a Controlled Substance

Today, the Illinois Supreme Court decided that a preschool is not a “school” for purposes of enhancing the offense of Delivery of a Controlled Substance to a Class 1 felony. Illinois statute 720 ILCS 570/407(b)(2) states that Delivery of a Controlled substance when committed within 1,000 feet of the real property comprising a school is […]

Audiotaping on-duty police officers in Illinois and the eavesdropping statute

Although it seems as if most persons carry cell phones capable of recording interactions with police, please be aware that s the non-consensual audiotaping of conversations with on-duty police is eavesdropping in Illinois, a Class1 felony. Under 720 ILCS 5/14-1, et. al. an eavesdropping device is defined as “any device capable of being used to […]

Please celebrate the holiday season in a responsible manner

With the holiday season upon us, one needs to remember if drinking alcohol, do it responsibly. At this time of year, many people drink and drive and run the risk of hurting themselves and/or others as well as being arrested for driving under the influence. Such an arrest can result in having a criminal record […]

Quick Contact Form

Quick Contact Form