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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 […]
Illinois Campus Crime Trends
Recent news events have focused the public’s attention on campus crime. All colleges and universities are mandated to report crime statistics to the United States Department of Education, Office of Post-Secondary Education under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistic Act. When I was executive director of the Illinois Criminal […]
The Illinois Abused and Neglected Child Reporting Act
In Illinois, certain persons and professionals are mandated reporters of child abuse or neglect to the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, 325 ILCS 5/1, et. al. Failure to report suspected abuse or neglect can result in state license disciplinary proceedings or criminal prosecution. The statute has […]
Veterans Courts
Since today is Veterans Day, it seems appropriate to mention the specialized courts that serve veterans in the criminal justice system. I am happy to note that Cook County has more than one of these courts which aid veterans who may suffer from substance abuse, mental health or co-occurring disorders. I am also proud to […]
Prosecutors cannot cross-examine or comment on a defendant’s post-arrest silence
Approximately two months ago, in People v. Deny Quinonez, No. 1-09-2333, the Illinois Appellate court (1st Dist.), affirmed Illinois law that a defendant’s post-arrest silence cannot be used to cross-examine him at trial. This case is significant because it stated that although the federal Constitution does not purport to prohibit the use of silence prior […]