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Recent Blog Posts
Thieves May Use Booster Bags in Shoplifting
When most people think about shoplifting, the first thing that comes to mind may be a young person slipping a candy bar or other small item into his or her pocket and walking out of a store. While such a scenario certainly does represent a common form of retail theft, the reality is that shoplifting has evolved into a much more advanced problem. It frequently involves people of all ages and increasingly complex tools and techniques designed to help them illegally obtain merchandise without paying full retail price. One of these tools is called a booster bag and the use of such bags is becoming a large problem for retailers in the battle against shoplifting.
In many retail establishments, most items, and particularly those that are likely to stolen, are tagged with some sort of security device. The device is paired with a detector stationed near the store exits that identify still-active devices on merchandise before it leaves the store. Many security tags are hidden in packaging or affixed to an item in such a way that makes it difficult for a would-be thief to remove without being noticed or permanently damaging the product. Obviously, this is intentional and, in many cases, provides a decent level of protection against theft.
Proposed Law Offers Pardons for Underage Drinkers Who Call 911
Between 2008 and 2012, the Illinois Department of Public Health reported that there were nine underage alcohol-induced deaths in the state. This number included only alcohol overdoses, and did not consider the potentially hundreds of deaths caused by other means in which alcohol may have played a role, such as drunk-driving auto accidents. The loss of life due to underage drinking is certainly tragic, and Illinois lawmakers are taking measures aimed at preventing future deaths.
State Representative Scott Drury, D-Highwood, sponsored a bill which passed the Illinois House last month, and was recently introduced in the state Senate. The measure would provide a level of legal protection for underage drinkers who call 911 to help a friend in danger of overdrinking. Nearly two dozen other states have enacted similar legislation, sometimes called Good Samaritan 911 laws, and Illinois law currently provides such protection in drug overdose situations.
Illinois Law Limits Employment Related Criminal Background Checks
As mentioned briefly in a previous post, legislation went into effect this year in Illinois aimed to help job-seekers overcome past mistakes by limiting background checks in the application process. Last summer, the Job Opportunities for Qualified Applicants Act was signed by then-governor Pat Quinn. The law restricts employers or their agents from checking an applicant’s criminal history prior to a determination that the applicant is qualified for the position. Illinois is now the fifth state in the nation to have passed such a law.
For employers who conduct interviews, the new law means a criminal background check may not be conducted on an applicant before he or she is extended an interview offer. An employer who forgoes the interview process must make a conditional offer of employment prior to inquiring about an applicant’s criminal history. The law applies to private employers with fifteen or more employees. Illinois law already prohibits government agencies from inquiring about an applicant’s criminal history on initial job applications.
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.
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