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We have all been pulled over by the police whether it be for speeding, rolling a stop sign, or a blown out taillight. Some of us may also have been questioned following this traffic stop and some of us may have been asked to consent to a search of the vehicle after questioning. If you …
If you ever needed more proof that drugs are not an insular (low socio-economic communities) issue, look no further then to the person who may have had a hand in judging you. Wearing cutoff shorts and a T-shirt with the slogan “Bad is my middle name,” St. Clair County Circuit Judge Michael Cook pleaded not guilty …
The legal (warrantless) use of dogs by law enforcement officials has long been defended by prosecutors on the grounds that he sniff does not reveal anything about the contents of the article or package being sniffed, just whether or not it contains an illegal substance. The 4th Amendment to he United States Constitution protects citizens from …
On July 9, Governor Quinn executed the highly publicized “veto” in regard to the new concealed carry legislation. On the same day, the Illinois lawmakers overturned the veto. Gun owners and concealed carry enthusiasts marked the day as a victory for 2nd Amendment rights. However, this does not mean that one may begin to carry their …
The Latest in Illinois’ Nascent Concealed Carry Law Read More »
The 1st Amendment protects every Americans right to speak freely, but Illinois has enacted legislation that precludes some forms of speech. Typically, a prior restraint on speech is a per se constitutional violation, but not all speech is protected. Intimidation A person commits intimidation when, with intent to cause another to perform or to omit the performance of …
Illinois has enacted legislation that addresses the technological advances that society has made in regards to the Internet, electronic storage, and the easy dissemination of images. One area that has been specifically targeted for protection in Illinois children. The statute states: “A person commits the offense of grooming when he or she knowingly uses a computer on-line …
Inchoate Offenses The law considers crimes that have yet to occur, but near to occur to be inchoate offenses. An inchoate crime is defined as, “something which has begun but has not been completed, either an activity or some object which is incomplete. It may define a potential crime like a conspiracy which has been …
When Does an “Attempt” to Commit a Crime Become an Attempted Crime in Illinois? Read More »
Ex post facto is a Latin phrase that means “a thing done after” or “after the fact.” It is applicable to our criminal justice system because it refers to a criminal law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. It should be noted that ex post facto laws only apply …
No matter whether you reside in Illinois or any other state, no matter whether you are tried in state or federal court, no matter if you are put on trial for possession of a controlled substance or homicide, the standard of proof used to convict is reasonable doubt. Reading the phrase conveys a well-known sentiment …
According to a 2007 CNN article, over 200,000 children are kidnapped per annum. The majority of these kidnappings involve the non-custodial parent (i.e. the parent who is not the legal guardian) illegally seizing or keeping the child. The Illinois legislature characterizes kidnapping, as the knowing and secret confinement of another against his or her will, by imminent force or …
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