Chicago Criminal Lawyer Blog
There was a time when eyewitness testimony was considered the best evidence in a criminal case. But recent scientific developments have cast doubt on the reliability of eyewitness testimony. Surveys of jurors in criminal cases show that jurors place great weight on the testimony of eyewitnesses. This can be dangerous because jurors will put greater weight on the testimony of an eyewitness and disregard other powerful and compelling evidence of innocence. Several high-profile cases in which defendants were convicted based on eyewitness testimony were later overturned after it was proven that the defendants were not guilty. Kyle Bloodsworth was convicted of the rape and murder of a nine-year-old girl based on the testimony of five eyewitness. He was later cleared of the rape and murder after DNA testing proved that he was innocent.
Eyewitness testimony is based on the human memory. To determine the reliability of eyewitness testimony, you must understand how the human memory works. Most people think that the human memory is like a video recorder. They believe that the human memory records the events and just plays them back exactly how they happened. But researchers have discovered that this is not how the human memory actually works. Researchers believe that the human memory is more like a giant puzzle. It seems like pieces of material are put together by the human brain in order to create a memory, or a narrative, of what happened. That puzzle can be manipulated by questioning from defense attorneys or from other pieces of material that the person who is recalling the events is exposed to. In addition, the accuracy of someone’s memory can be affected by psychological issues or substance abuse issues that the person providing eyewitness testimony may be suffering from. In controlled studies, researchers have been able to create false memories in individuals by introducing pieces of information that did not actually occur. The scientific studies have changed the way the legal system is dealing with eyewitness testimony. In recent years, there has been a steady movement in the courts to allow expert testimony to be presented before a jury so that they can understand the true significance of eyewitness testimony. The expert testimony is giving juries a more balanced and greater understanding of eyewitness testimony so that juries may be able to give a more measured response to such testimony.
Earlier this year, the Illinois Supreme Court addressed the issue of eyewitness testimony. The court looked at the murder conviction of a man who had been convicted of the murder of a friend. The only evidence in the case was the eyewitness testimony of a witness and a statement made by the victim identifying the defendant as the shooter. When the defendant’s attorney sought to introduce expert testimony at trial to contest the accuracy and reliability of the eyewitness testimony, the trial court did not allow the expert testimony to be presented. In overturning the murder conviction, the court cited the scientific evidence that we discussed earlier in this article along with the number of convictions later overturned after defendants were exonerated by DNA evidence. The court pointed out that since 1989 there have been 150 wrongful convictions in Illinois. One-third of those wrongful convictions were based on mistaken eyewitness testimony. The Illinois Supreme Court ruled that if prosecutors wanted to retry the defendant, the trial court must allow expert testimony to be introduced concerning the reliability of the eyewitness testimony.
Recently, I have represented clients who received speeding tickets. In the course of representing these clients, I have come to realize that people do not really understand the Illinois Speeding Laws. In the last few years, the Illinois speeding laws have been changed. The changes have drastically increased the penalties for excessive speeding on Illinois roadways. Drivers are not adequately informed of what the potential consequences can be for a speeding ticket.
This is a question that I am asked frequently around election time. Most people do not understand what the rules are when it comes to whether you are allowed to vote if you have a felony conviction. Rules vary from state to state and this has created confusion. People don’t understand that each state has it’s own rules which requires that people with felony convictions inform themselves of what the rules are in their state. My experience with this issue is that most people are not informed as to what the law is in Illinois when it comes to felony convictions and voting rights in Illinois. Illinois has passed a specific law which spells out what effect a felony conviction can have on your right to vote in Illinois. The law is set out in 10 ILCS 5/3-5. In Illinois, a convicted felon has just as much of a right to vote as any other citizen in the state. As long as you are not incarcerated, meaning serving a prison sentence, you can register and cast a vote in Illinois. If you are in court and fighting your case, you can vote in Illinois. Even if you are in jail fighting your case. If you are on probation, you can vote in Illinois. If you are on parole, you can vote in Illinois. As long as you have not been convicted and are in prison, you can vote. However, if instead of being in prison, you are allowed to serve your sentence outside of prison, such as prison furlough or work release, you will not be allowed to vote until you finish your sentence. If you went to prison and lost the right to vote you should re-register once you are released from prison so that you can go to the polls and cast your vote.
What determines how serious a particular criminal charge in Illinois is depends on the potential criminal penalty that the crime carries. The lowest classification of crimes in Illinois is called a Misdemeanor. The highest classification of crimes in Illinois is called a Felony. Generally, any jail sentence for a Misdemeanor must be served in County Jail. Any jail sentence for a Felony must be served in State Prison. Any potential jail sentence for a Misdemeanor is under one year while any potential jail sentence for a Felony is one year or more. The range of penalties for Misdemeanors and Felonies in Illinois depend on what Class the crime you are charged with falls in. Every criminal offense is classified as a Felony or a Misdemeanor and assigned a specific Class. An experienced and knowledgeable criminal defense lawyer will know whether you are being charged with a Felony or a Misdemeanor and what class your criminal charge falls in.
Just like State laws create State crimes, and Federal laws create Federal crimes, individual towns, cities and villages also create laws, called Municipal Ordinances, which can give rise to charges alleging a violation of a Municipal Ordinance. I’ve been handling criminal cases for the past 27 years throughout Cook County, DuPage County, Kane County, and Lake County. I’ve noticed a dramatic rise in the number of Municipal Ordinance Violation cases throughout all of these counties. Many cities, towns and villages have established their own Municipal Violation Ordinance Courts which mainly impose monetary civil penalties upon violators that have become big sources of revenue for these municipalities. I’m seeing more and more cases being charged as Municipal Ordinance Violations rather than criminal cases in Circuit Court. This is especially true in Chicago, DuPage County, Kane County, and Lake County. I see the number of Municipal Ordinanve Violation cases increasing in the future