Supreme Court Agrees To Hear Case Of Texas Death Row Inmate

The United States Supreme Court has agreed to hear the appeal of Texas Death Row inmate Hank Skinner.  Skinner was convicted of the 1993 New Years Eve triple murder of his girlfriend and her two sons.  Skinner has proclaimed his innocence claiming that he was passed out because he was under the influence of anti-anxiety medication, pain killers and alcohol.  He has been claiming that DNA testing could help clear him of the murders.  Blood tests taken after the murders indicated he had the drugs in his system.  After Skinner was convicted of the murders, he married a French anti-death penalty crusader.  French President Nicholas Sarkozy and French Foreign Minister Bernard Kouchner have expressed their desire to have the DNA testing conducted in support of his French wife.  The Texas Board of Pardon and Paroles rejected Skinner's request for DNA testing as have Texas Governor Rick Perry.  Texas holds the record for the most executions carried out in the United States, with 457 since 1976.  At least 17 prisoners have been released from death row in recent years after DNA tests exonerated them.  Yet Texas refuses to conduct the DNA testing.

Skinner case will be taken up by the Supreme Court during its next session.

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FBI Stats Show Third Year Of Drop In Violent Crime Rate

Today, the FBI released some figures which reflect a drop in the violent crime rate nationally for the third year in a row.  According to the FBI's Preliminary Annual Uniform Crime Report, the violent crime rate dropped 5.5% when compared to 2008.  The property crime rate declined by 4.9%.  The violent crime rate fell in all four categories, including murder and manslaughter, rape, robbery and aggravated assault.  The crime rate declined in all metropolitan areas with big cities showing the biggest decrease of 7.5%.  It should be noted that the decrease in property crimes is the 7th year in a row of decreases in the property crime rate.  The report is considered preliminary and will be made official later this year when the final statistics are released by the FBI. 

The decrease in the crime rate looks to be continuing.  In December of 2009, the FBI released some preliminary numbers which indicated that the violent crime rate had decreased in the first 6 months of 2009 when compared to 2008.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Big Changes At Cook County Jail As A Result Of Settlement With Feds

The Cook County Sheriff has agreed to hire an additional 600 jail guards as part of a settlement of a lawsuit filed by the federal government.  In 2007 and 2008, the federal government conducted a thorough investigation of the jail which concluded that inmates' constitutional rights were violated because excessive force was used against them, jail security failed to take adequate measures to prevent inmates from being harmed by fellow inmates, and by providing inadequate physical and mental health treatment to inmates.  The investigation identified three inmates who had committed suicides in the first 4 months of 2008 and identified inmates who died as a result of inadequate medical care.  Under the settlement with the federal government, the Cook County Department of Corrections must hire and train 448 corrections officers by December 31, 2010 and an additional 174 by March 31, 2011.  Video surveillance must be increased throughout the jail and there must be an increase in the number of inspections conducted.  All injuries to inmates must be photographed and proper disciplinary punishments must be handed out to officers who use excessive force.  In addition, Cermak Hospital must develop policies and procedures which will insure that constitutionally adequate medical and mental health treatment will be provided to the inmates.  

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court May Tackle Question Of Whether Felons Can Be Barred From Voting

Earlier this month the Supreme Court asked the Obama Administration's opinion on whether a state's law that bars convicted felons from voting violates the federal Voting Rights Act.  The case in which this issue is being tackled is Simmons v. Galvin.  In that case, Massachusetts Article 10, an amendment to the state constitution, bars felons from voting while they are in prison.  13 other states have similar laws on the books.  35 other states extend the prohibition on voting beyond prison, to parole, probation and beyond.  Only Maine and Vermont have no restrictions on a felon's right to vote.  Roughly 5.3 million felons have been barred from voting by these laws.  Roughly thirty-eight percent of those felons are African American.  The claim is that the Voting Rights Act is being violated because of the disparate impact on African Americans.  The Supreme Court has not yet decided whether to take on the Simmons case.  By requesting that the U.S. Solicitor General file a brief on the case, they are signaling that they are seriously considering tackling this delicate and contentious issue.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Strikes Down Life Sentences For Juveniles

Today, the United States Supreme Court held that the Eighth Amendment's ban on cruel and unusual punishment prohibits a life sentence for a juvenile convicted of a non-murder offense. On May 10, 2009 we reported that the Supreme Court agreed to hear the case of Graham v. Florida.  On November 9, 2009 we reported that the Supreme Court had heard oral arguments on the case.  Today, Justice Kennedy wrote the majority opinion which held that a life sentence, without the possibility of parole, deprives juveniles of the opportunity to be rehabilitated and rejoin society.  The state cannot deprive a juvenile a chance to demonstrate that the mistakes they made as a juvenile do not demonstrate his true character.  Kennedy stated that the state does not have to guarantee that the juvenile will eventually be released but merely has to provide the juvenile "with some realistic opportunity to obtain release before the end of that term." 

The dissenters were Justice Thomas and Scalia.  Alito dissented in part.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Rules Mentally Ill Sex Offenders Can Be Detained Indefinitely

In a 7 to 2 decision, the United States Supreme Court upheld the Adam Walsh Child Protection and Safety Act which provides that mentally ill sex offenders can be detained indefinitely beyond the end of their prison sentences.  The U.S. Court of Appeals had struck down the law by finding that Congress' power under the Commerce Clause required did not meet the due process standards.  The Supreme Court overturned the Court of Appeals by finding that the Necessary and Proper Clause grants Congress sufficient authority to pass such laws.  The Court found that the scope of the statute was narrow enough and the sound reasoning behind the federal government being a custodian for protecting the public from those in federal custody.  The dissenters were Antonin Scalia and Clarence Thomas.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Obama Administration Seeks To Limit Miranda Warnings For Suspected Terrorists

U.S. Attorney General Eric Holder has indicated that the Obama Administration will be asking Congress to pass legislation that would allow law enforcement personnel to question suspected terrorists for a longer time before informing them of their Miranda rights.  The Supreme Court has consistently stated that law enforcement personnel cannot use statements made by criminal defendants unless they were first informed of their right to remain silent, being informed that any statements they make can be used against them in court, and that they have a right to an attorney prior to questioning.  In 1994, the Supreme Court carved out a "public safety exception" which allows law enforcement personnel to question a suspect before informing them of their Miranda rights if there is an immediate risk to public safety.  Holder seems to believe that a similar exception needs to be explicitly stated in the law to apply to terrorism suspects.

Advocates of this position do not understand that Miranda does not convey any rights.  The United States Constitution conveys the rights enunciated in Miranda.  The rights set forth in Miranda are rights granted in the constitution to any person.  As long as the suspect is a human being, they have the rights set forth in Miranda.  Whether they are U.S. citizens or terrorists is irrelevant to the constitution.  The Miranda decision only provides that in order for any statements to be used in court, the prosecution must be able to show that the suspect was informed of those rights.  By reading a suspect their Miranda rights, the police are insuring that they will be able to get a conviction.  Rather than being criticized for reading a suspect their Miranda rights, law enforcement personnel should be congratulated for doing everything they can to insure that they obtain a conviction.  The grandstanding by politicians on both sides of the political aisle shows their complete lack of understanding of constitutional law.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Over 4,000 Guns Removed From Streets This Weekend

The Chicago police are reporting that their program to reward the turning in of a weapon in exchange for a gift card was a tremendous success.  In exchange for turning in a weapon, with no questions asked, people were given a gift card for up to $100 depending on the type of weapon turned in.  St. Sabina Church, on the  South Side, gave an extra $50 for an assault weapon.  Chicago police report that a total of $4,050 weapons were turned in on Saturday.  55 were assault weapons, 3,335 were handguns, and 660 were toy guns and fake guns.  Even 2 hand grenades were turned in.  Some of the weapons turned in could pierce bulletproof vests.  The program is now in its 6th year and has been credited for removing thousands of weapons from the street. 

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295,

Chicago Crime Rate Drops Again

The Chicago Police are reporting that the crime rate in Chicago has dropped again.  Overall, crime is down 6.9 percent.  This is the 16th consecutive year that the crime rate has dropped in Chicago.  However, murders and vehicle thefts increased over last year.  Murders increased 8 percent from January 1 to April 30 of this year.  There have been a total of 127 murders, which is three more than this time last year.  The vast majority of murders involved the use of guns.  All the more reason that the elimination of guns from the streets will lead to the reduction of crime.  Criminal sexual assaults, robberies, arson and aggravated batteries dropped anywhere from 5 to 20 percent.  

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Chicago Police Offering Money For Guns

Today, the Chicago Police are offering up to $100 for each gun turned in at 22 locations throughout the city.  For a list of locations click here. Police will be giving people a prepaid credit card for each gun turned in.  All guns turned in will be destroyed and the police have promised not to ask any questions about the guns or the people who are turning in the guns.  The police will pay $100 for each assault weapon, $75 for each handgun, $10 for BB guns, air guns and replica guns.  Guns can always be turned in to any police station but the money will only paid today.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

District of Columbia Approves Medical Marijuana

The District of Columbia Council approved medical marijuana for Washington, D.C.  The vote was 13 to 0.  The measure permits the mayor to set up eight dispensaries where patients can receive up to two ounces of marijuana per month.  Washington, D.C., has been at the forefront of pushing for the legalization of medical marijuana even though it is not available in the district.  In 1998, sixty-nine percent of voters approved a ballot to legalize medical marijuana.  However, Congress barred them from implementing the program.  Public approval of legalizing medical marijuana is very high.  In a recent Associated Press-CNBC poll, roughly two-thirds of those polled supported the legalization of medical marijuana.  

The bill now goes to the mayor for his expected approval.  The measure is then sent to Congress and the White House which have 30 days to approve or block the measure.  The block the measure, both the House and Senate must pass a joint resolution and the President must sign it.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Cook County Board To Consider Installing Red Light Cameras

Today, the Cook County Board will consider a contract that would lead to the installation of up to 30 red light cameras at 20 "accident-prone intersections."  American Traffic Solutions and RedSpeed Illinois would be given the contract to install the cameras.  The County is expecting to make a lot of revenue off of the cameras.  Each ticket issue will carry a $100 fine.  In an interesting note, American Traffic Solutions is based out of Scottsdale Arizona.  Commissioners Edwin Reyes and Joseph Mario Moreno are pushing for a measure that would bar Cook County from doing business with any Arizona based companies.  

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Feds Arrest 600 Illegals With Criminal Convictions

The Department of Homeland Security has announced that they just concluded a 3 day sweep in which about 600 illegal aliens with criminal convictions were arrested.  Most of the illegal aliens arrested will be deported but 22 of them may be prosecuted for illegally entering the United States after they were deported.  Most of the arrests were made in Atlanta, Florida and Puerto Rico.  Those arrested came from over 60 different countries.  All, except for 24 of those arrested, had not been turned over to immigration officials when they were released from prison.  Immigration and Customs Enforcement estimates that at least 1 million illegal aliens with criminal convictions are currently in the United States.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.