Along with a criminal defendant’s right to remain silent, the right to have one’s case tried to a jury of “one’s peers” is one of the most important constitutional protections available for criminal defendants. This protection exists to help guarantee that a person is not convicted of a criminal offense through government overreach, but instead only upon evidence and testimony that convinces 12 individuals from the community of the defendant’s guilt beyond a reasonable doubt.

Juries are Supposed to Represent a Cross-Section of the Local Community

In theory, the 12 people who decide a particular Illinois criminal case are supposed to represent a “cross-section” of the community. That is, the individuals who sit on a jury to hear a particular case should represent the races, socioeconomic backgrounds, and education levels (amongst others) of average citizens in the community. If the community has a predominantly minority population, one would expect that a jury would be comprised of predominately minority individuals. This does not always happen, however.

It has long been a criticism of the criminal justice system that criminals are afforded greater protections and rights than the accused defendant. (This emphasis on the defendant’s rights is understandable when one considers that victims are not in jeopardy of being wrongly convicted and having their freedom and/or property wrongly taken.)

This criticism is not entirely unfounded: victims cannot choose whether the accused should accept a plea agreement, they cannot compel the accused to testify at trial and answer questions, and ultimately they cannot determine what sentence the accused should receive.

What is Restitution and Its Purpose?

Charges of sexual misconduct, such as sexual assault, are some of the most serious criminal charges that can be levied against you. In addition to the possibility of prolonged periods of incarceration, sexual assault charges can damage your reputation and standing in your community (sometimes even if no conviction actually results). For this reason, prompt and decisive action should be taken as soon as possible to address any charges of sexual assault or misconduct.

Defenses Available to Defendants Charged with Sexual Assault

When you first learn that you are charged with sexual assault stemming from a sexual encounter with another, you may feel despondent and as if there is no hope. The prosecution may attempt to pressure you into accepting a plea agreement by trying to convince you that you have no defense. This is not true: depending on the facts of your case, you may have one or more defenses available to you:

Heroin use and distribution is a serious problem in Illinois, and in particular Chicago and the surrounding areas. To help combat the heroin epidemic, the Chicago Police Department has developed a unique drug diversion program where the police can offer drug dealers the opportunity to enter into a drug rehabilitation program instead of facing jail time for drug-related offenses. Due to the success of the program, which has been in use since the spring of 2016, the Chicago Police Department has decided to scale up the program to see if more low-level drug offenders would be keen to the idea of seeking treatment instead of going to jail.

In March, law enforcement set up a reverse sting operation where they lured low-level heroin users to a location on the pretenses that the heroin users could buy dime bags of heroin, according to the Chicago Sun Times. The operation was the first time that the program had been extended to drug purchasers. Forty-one people who were caught as a result of the reverse sting operation elected to enroll in the drug treatment program rather than face jail time.

The idea behind the program is that if drug addicts are offered the opportunity to overcome their addiction, maybe they can be rehabilitated, which in turn would reduce the number of people who are addicted to drugs and and can reduce the number of people who commit drug-related offenses.

Any fan of police dramas or law enforcement reality shows should be familiar with the Miranda warnings: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you by the court.” These warnings – named after the decision in Miranda v. Arizona, which first required these warnings to be given – are a common feature in many Will County criminal cases.

When are Miranda Warnings Required?

However, law enforcement officers do not always give these Miranda warnings. While there may be some consequences to this decision, they may not necessarily be as serious as some criminal defendants might think: