Supreme Court to Consider Life In Prison for Juveniles

On Tuesday, the United States Supreme Court will decide whether a sentence of life in prison for a 14 year old convicted of murder is unconstitutional.  In 2003, when he was just 14 years old, Evan Miller was convicted of arson and murder in Alabama.  On the very same day that Miller was found guilty of murder and arson by a jury, the judge sentenced him to life in prison without any hearing or evidence.  In addition to his age, Miller had a troubled youth which included domestic violence, drug abuse and attempted suicide.  Miller was sentenced to life in prison as an automatic consequence of his conviction for murder and arson.  Miller's case will be heard at the same time as a similar case involving an Arkansas 14 year old defendant sentenced to life in prison who had also been convicted of murdering his 52 year old neighbor.  Both cases will be argued by the same attorney who will argue that sentencing juveniles to life in prison violates the 8th Amendment's prohibition against cruel and unusual punishment.  In the past few years, the Supreme Court has issued rulings that protect juveniles.  They have prohibited the imposition of the death penalty for juveniles and ruled against allowing jail sentences the provide for life without the possibility of parole for juveniles convicted of crimes less than murder.  Alabama and Arkansas disagree and are supported by 19 other states around the country who argue for the constitutionality of life sentences for juveniles.  They point out that 38 states allow for juveniles to be sentenced to life without parole and 14 states make it mandatory for juveniles convicted of murder.

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 Halts Ohio Execution

The Supreme Court, without comment, refused to allow the State of Ohio to proceed with the scheduled execution of Charles Lorraine.  The Supreme Court's decision calls into question a dozen Ohio executions scheduled over the next two years.  The Supreme Court's decision allows a temporary delay in capital punishment in Ohio to stay in place.  The death penalty system in Ohio remains constitutional but they are unable to carry it out because of issues concerning how they carry out executions.  There are concerns that the State of Ohio continues to deviate too often from its written rules on how to carry out lethal injections.  In January, the 6th U.S. Circuit Court of Appeals ruled that federal courts must monitor every Ohio execution "because the State cannot be trusted to fulfill its otherwise lawful duty to execute inmates sentenced to death."  Wednesday's decision by the Supreme Court affirms a decision by U.S. District Court Judge Gregory Frost that criticized Ohio for failing to adhere strictly to its policies.  During an execution last fall, he criticized Ohio for switching the official responsible for announcing the start and finish times of the execution and for not properly documenting that the inmates medical chart was reviewed.  Lorraine was convicted of murdering an elderly couple of stabbing them repeatedly and then burglarizing their house in 1986.  The State of Ohio has delayed the execution of another inmate scheduled for September 22 who has been convicted of an arson.  It is likely that other inmates awaiting execution will also ask for delays until this issue is resolved.

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 Down But Murder Rate Up

The Chicago Police report that the crime rate has dropped  5.8 percent in the city but murders are up nearly 4 percent compared to 2009.  Between January and May of 2010 there were 164 murders in Chicago.  There were 158 murders for the same time period in 2009.  Other violent crimes, like criminal sexual assault and robberies have decreased.  Even property crimes, which include burglary, theft, motor vehicle theft and arson, have dropped 4.2 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.

Attorney Ioakimidis Argues For Lower Bond In High Profile Arson Case

On July 17, 2009, I appeared before Judge Maria Kuriakos Ciesil at Central Bond Court at 26th and California for a bond hearing on an arson case that was being covered by the local media. Click here for a list of the location of Cook County courthouses. I had appeared before Judge Ciesil many times and consider her to be smart and fair. When a judge sets a bond they have great leeway in taking various factors into consideration when deciding the amount of the bond.

Our client was charged with an arson for setting fire to a building. The purpose of the hearing was for the judge to determine what would be an appropriate bond for our client. I argued that the primary purpose of bond is to make sure that the defendant appear in Court and the amount of money my client would have to post should not be punitive. In other words, we should not punish a defendant with a bond that is so high that he is stuck in jail waiting for the case to conclude before he has been convicted of an arson and sentenced. I pointed out to the judge that our client had no previous record and no violent history. Besides, even if he was eventually convicted of arson he could still receive probation. I stressed to the judge that the defendant is innocent of the arson until he is proven guilty. I argued that the bond should not be so high as to punish the defendant before he has even had a chance at a trial. Judge Ciesel did not agree with me and set a bond of $250,000.00 was too high. The Judge was concerned about potential danger to the public.

For a Chicago Breaking News article on this case click here.

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.