Martin & Kent, L.L.C. Martin & Kent, L.L.C.

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June 2015 Archives

Bill decriminalizing small amounts of marijuana goes to governor

The Governor of Illinois is now considering a bill that would decriminalize marijuana possession in the state for up to 15 grams, and end the state's zero tolerance rule for driver testing positive for THC in the blood. The bill, with the support of the Illinois State’s Attorneys Association, would set the highest level for THC in the blood of any state.

Should sex crimes have a limitation period in Illinois? (cont.)

When high profile allegations of sex crimes appear in the media, prosecutors often complain that their hands are tied and they cannot prosecute the alleged wrongdoing, because the statute of limitations has run, and crimes from that period can no longer be charged.

Even a judge finds mandatory minimums unjust

We like to think of judges as all-powerful. Throughout the United States, every day, thousands of judges sit in judgment of thousands of cases. Some are jury trials, where they may act more as referee, but in all cases, the exercise tremendous discretion, that can fundamentally shape the outcome of a case.

Law and disorder (cont.)

You see, during a criminal prosecution, the one thing you must never, ever do, is make a judge angry by telling them lies, especially if you are the prosecutor or police.

Law and disorder

"In the Criminal Justice System the people are represented by two separate, yet equally important groups. The police who investigate crime and the District Attorneys who prosecute the offenders. These are their stories."

An offer you cannot refuse

In most cases, law enforcement, whether your local police department, sheriff's department or the Illinois Highway State Police, cannot simply pull your car over and begin searching for evidence of some criminal activity.

Knowing what we don't know, pt.2

There are many other areas where statistics are missing. We do not authoritatively know how many individuals are held in solitary confinement. This is very detrimental form of punishment, but we know little about the actual practice.

What we don't know we don't know about criminal justice

Modern America measures everything. The internet is full of examples of pointless and trivial "top ten lists." People are fascinating with measuring and comparing the silliest things. But some things that you would expect to be closely tracked and measured are not. When it comes to criminal justice system, there are a great many things that we do not know.