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Recent Blog Posts
Efforts Continue To Reduce DUI Offenses in Illinois
Each year in the United States more than 10,000 fatalities occur as a result of alcohol-impaired-driving crashes. The National Highway Traffic Safety Administration (NHTSA) reported that in 2013, about 65 percent of those fatalities were drivers with a blood alcohol content (BAC) of .08 or higher. In Illinois, drivers 21 or over with a BAC of.08 may be subject to prosecution for driving under the influence or DUI. Driving Under the Influence in Illinois is not limited strictly to operating a vehicle while impaired by alcohol, but also includes impairment due to use of marijuana, methamphetamine, other narcotics, or prescription medication.
In Illinois alone, nearly 1000 people were killed as a result of DUI-related accidents in 2013, according to NHTSA numbers. During that same year, Illinois law enforcement made almost 35,000 DUI arrests. A detailed analysis of drunk driving offenses in the state begins to provide a profile for the average DUI offender. Statistically, men are three times more likely than women to be arrested for DUI, and the majority of offenders are under 35 years old. Offenses are most likely to occur between 11pm and 4am and the average BAC is .16 or twice the legal limit.
New Laws in Illinois for 2015
In a given year, there are dozens, if not hundreds, of pieces of legislation which make their way through the state government and end up being signed into law. Many bills set a future date on which they are set to take effect and in a large number of cases, a new year provides a convenient starting date for new laws. This year, more than 200 new or amended laws became effective on January 1, covering a wide range of issues from traffic and vehicle concerns to children and family interests to the criminal code and law enforcement, including record expungement.While many of the new laws seem rather bureaucratic, there are several which may be of interest to the public at large.
Ban on Ticket Quotas (PA 98-0650)
It is not uncommon for a driver who has received what he or she perceives to be a questionable traffic ticket to assume the issuing officer was just trying to make his numbers. However, beginning in 2015, it is now illegal for a police department to mandate ticket minimums for its officers. Additionally, the number of citations issued by a police officer may no longer be used a job performance measure.
Study Estimates Alarming Wrongful Conviction Rate on Death Row
Since the late 1990s, the number of death sentences in the United States has been on the decline. In each of the last three years, however, nearly 80 individuals have been sentenced to death in the United States. Recent numbers seem to be holding steady despite the fact that 18 states, including Illinois and the District of Columbia, no longer utilize the death penalty.
Opponents of capital punishment have long maintained that the one of the dangers inherent to state-sanctioned execution is the possibility of condemning an innocent person. Recent cases in which decade-old convictions have been overturned based on new evidence or information seem to support the idea that, despite a lengthy appeals process, a conviction may have been flawed. Earlier this year, a team of a researchers led by Dr. Samuel Gross, professor of law at the University of Michigan, sought to quantify the rate at which death row inmates may have been falsely convicted.
Assault and Battery: What is the Difference?
You have probably heard it dozens of times on the news. Mr. John Doe has been charged with assault and battery following his arrest last night. Sometimes you may hear of a suspect being charged with simple assault with no mention of battery. It can seem very confusing but if you or someone you love is the one facing the charges, knowing the difference between the two can be extremely helpful to your case.
Based on the law’s definition of the terms, it makes more sense to start with what constitutes battery. According to the Illinois Criminal Code of 2012, a person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. Any charge of battery must be shown to have been intentional, and the insulting or provoking nature clause allows for a more open interpretation than bodily harm."
Fake IDs Bring Harsh Penalties and Identity Theft Risk
A new effort is underway to curb use of fake IDs in Illinois. A letter released by Secretary of State Jesse White outlining his office's public awareness campaign has recently been published. While there are no recent changes to the existing law, Secretary White hopes that by emphasizing the risks and consequences of using a fake ID, Illinois will see a reduction in underage drinking and safer citizens.
In the last two years, over 1,200 people have been caught using fake driver’s licenses or identification cards. Their goal may be as simple as getting into bars, said Secretary White, but using or just possessing a fake ID is a serious offense that carries significant penalties. A conviction will result in a one-year suspension of driving privileges, up to three years in prison or 50 hours of community service, and a maximum $25,000 fine. In addition, the individual may face charges related to fraud and identity theft, which could potentially remain on the person’s record indefinitely.
Domestic Violence Hurts Both Women and Men
Every few months, it seems another high-profile case of domestic violence makes headlines involving some celebrity or other public figure. In the majority of these cases, circumstances seem to indicate or allege that a female has been victimized by the actions of her male partner. Male on female intimate partner violence is certainly far too common in the United States. However, it is far from the whole story. Domestic violence victimizes a surprisingly large number of men each year as well.
The National Institute of Justice and the Centers for Disease Control and Prevention sponsored an extensive study entitled the National Violence Against Women (NVAW) Survey to examine the extent, nature, and consequences of intimate partner violence in the United States. The findings were based a sample size of 16,000 men and women and presented some remarkable figures. The NVAW survey estimates that more than 2.3 million Americans are physically assaulted and/or raped by an intimate partner each year. Of that number, 1.5 million are women, which means more than 800,000 men are victimized every year by intimate partner violence. The survey also recognized that many victims suffer multiple assaults by their partner. Based on the study’s findings, nearly 5 million rapes and physical assaults are committed per year against women and nearly 3 million against men.
Number of People Sent to Jail for Inability to Pay Legal Fines Spikes in Recent Years
A year-long investigation by National Public Radio (NPR) has revealed that more and more people are ending up behind bars because they do not have the funds to pay the ever-increasing fines and court costs associated with criminal cases.NPR completed the investigation with the assistance of the National Center for State Courts and NYU's Brennan Center for Justice. There were more than 150 people interviewed, including, attorneys, prison right advocates, government officials and defendants who were incarcerated, as well as those who were not incarcerated.
One of the many findings the investigation uncovered is that there are many services that used to be free. Many of these services are constitutionally required; however, defendants are now paying for them. Some of these charges include:
- Defendants can now be charged for a public defender in 43 states. Under the landmark case of Gideon v. Wainwright, in 1963, all defendants are guaranteed the right to an attorney, even if they cannot afford one. Under the Fourteenth Amendment of the Constitution, states are supposed to provide counsel.
Standardized Field Sobriety Tests Used by Law Enforcement
When a driver is pulled over by law enforcement on suspicion of driving under the influence (DUI), the police will usually have the driver go through a series of field sobriety tests.There are three standardized field sobriety tests used by police across the country, which were developed at the Southern California Research Institute, with support from the National Highway Traffic Safety Administration (NHTSA). These tests are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS).
When there is a disturbance to the brain’s ability to control eye movements, an involuntary bouncing or jerking of the eye occurs when a person tries to look sideways. This is referred to as nystagmus. Alcohol affects the brain’s ability to control the eye muscle, so a person who has been drinking will show signs of nystagmus. The more the person drinks, the more pronounced are the eye movements. For the HGN test, an officer will hold a penlight about a foot away from a person’s face and tell them to follow the light.
Scientists Say New DNA Testing Will Eliminate False Positive Results
Scientists have developed a new sensitive testing method for detecting specific sequences of DNA. The process, developed at the U.S. Department of Energy’s Brookhaven National Laboratory, was recently published in Chemistry of Materials, which is a peer-reviewed scientific journal.This new DNA testing is much less expensive than other DNA analysis currently in use and does not require pricy equipment to perform. In fact, only one common piece of laboratory equipment, a fluorimeter, is needed. Thus, this makes testing in the field possible. The results are also obtained very quickly with this new test, allowing for the ability of analysis right at a crime scene.
The scientist who developed the test says it can be used for all types of DNA testing, including medical diagnostics and forensic testing. The process can also be used to detect biological agents used in terrorism.
New Study Reveals U.S. Holds One-Fourth of Prisoners Worldwide
A new report, published by the National Research Council, has revealed some shocking statistics about the increase in how many prisoners there are in the U.S. Yet despite the dramatic increases, the report also classifies any effect this country’s policies on crime have had as highly uncertain.According to the report, between the years 1973 to 2009, the number of inmates in this country increased from 200,000 to 2.2 million. Currently, the U.S. has almost 25 percent of the number of prisoners being held worldwide. Yet the U.S. only has five percent of the world’s population.
Although the numbers show that the number of people incarcerated has risen, they also reveal the lack of any consistent pattern in crime rates. In the 35 year time frame the researchers studied, violent crime rates increased and fell several times. In their report, the study’s authors offered this explanation:
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