Posts tagged "Criminal Defense"

Teen accuses Apple Inc. of filing false theft complaints

A recently filed lawsuit accuses Apple Inc. of using facial recognition technology to track the activities of shoplifters in Illinois and around the country. According to the lawsuit, the company used the controversial software to accuse an innocent New York teenager of stealing goods worth thousands of dollars from Apple Stores in Massachusetts, New Jersey and Delaware. The mix-up came to light when the teen was arrested in November 2018 by police in New York for stealing Apple Pencils and other items from the Boston Apple Store.

Jurors may bring their personal views when hearing a case

When defendants in Illinois go on trial for state or federal offenses, they often face a jury trial. Jurors' life experiences and opinions about society can often affect their decisions, for better or worse. One Massachusetts Supreme Judicial Court ruling in February 2019 formalized the recognition of that reality, saying that members of juries cannot leave their world views outside the courtroom. Instead, the court argued that it was not desirable for jurors to ignore their own lived experiences.

Ruling bolsters protections for cell phone data

For many people in Illinois, the advancement of technology can also lead to a decrease in personal privacy. While many individuals are familiar with the controversies surrounding tech companies' use of personal data, the issue can be far more significant when law enforcement wants access to a person's locked cell phone. A federal judge's ruling may provide people with greater protection for their cell phone data. The judge at the U.S. District Court for the Northern District of California ruled that police cannot make people unlock their phones with their faces or fingers.

Suspect in Christmas Day killing extradited to Illinois

The U.S. Marshals Service arrested a 37-year-old man out of state in connection with the fatal shooting of a 39-year-old man in Decatur on Christmas Day 2017. Police in Macon County processed the suspect, who remains in jail awaiting charges from the Macon County State's Attorney's Office.

Criminal suspect lineup reforms could reduce misidentification

Criminal cases in Illinois sometimes depend on testimony from witnesses. Although people tend to believe witnesses who identify suspects, this information is potentially unreliable. The Innocence Project, which helps people wrongfully convicted of killings and sex crimes gain their release with DNA evidence, reported that 71 percent of 350 exoneration cases involved witnesses who had identified the wrong people. A reform, known as a double-blind lineup, has begun to take hold in the law enforcement community because the new approach reduces the possibility of people misidentifying suspects.

Supreme Court ruling protects privacy of cell phone location data

Cell phone users in Illinois and nationwide gained a landmark ruling from the Supreme Court of the United States regarding the privacy of their cell site location information. Privacy advocates view the 5-4 decision as a landmark ruling that updates the Fourth Amendment protection against unreasonable searches and seizures for the 21st century.

Problem of false identifications

In Illinois, some people have been exonerated after being wrongfully convicted of crimes that they did not commit. Some of these people were convicted after being falsely identified by witnesses. The problem of false identifications in criminal cases is widespread, affecting innocent people across the U.S.

New law may favor Illinois defendants

Passed in the summer of 2017, the Bail Reform Act took effect in Illinois on Jan. 1. The new law requires courts within the state to consider a defendant's financial situation when determining if he or she should post bail to be released. It also requires that the court consider the threat a person may face before requiring bail as a condition of release.

Black people may face harsher punishments than whites

In Illinois, black people who are charged with crimes are likelier to be convicted of the charges that carry jail time and to receive harsher punishments than those who are white. While the disparate treatment of suspects by law enforcement officers has long been studied, a new study analyzed the treatment of defendants by prosecutors and the courts, finding that the disparate treatment continues within the court system.

The elements of a tampering with evidence case

Illinois residents can be charged with tampering with evidence if the authorities believe that the accused individuals attempted to conceal, alter, falsify or destroy the evidence. This evidence can include any object or documentation that could potentially be useful to a police investigation or inquiry.

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