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Posted on in Arrest

juvenile justice rightsRegardless of the severity of the crime at issue, youth offenders enjoy the same protections of the criminal justice system as their more seasoned counterparts. They must be read their Miranda rights, must be told they have the right to remain silent, and must be given the right to a fair and impartial trial. In fact, juvenile offenders also enjoy additional protections to ensure fairness in treatment. For example, youth offenders are required to be represented by counsel, and this cannot be waived like it can in most circumstances pertaining to adults. The juvenile offender’s parents are also required to be in court and juvenile offenders enjoy special protections regarding confidentiality of their identity, both during court proceedings and in maintaining court records. These protections are set in stone by law. Other areas of the law are not as clear and raise questions about a youth’s rights and what he or she is capable of consenting to at an age of minority.

Rights of Juveniles

The most fundamental rights during an arrest are the rights read to us before a police interrogation. These include the right to remain silent and the right to have an attorney present during questioning. Well-established law tells us that these rights must be read to a suspect before he or she can be questioned and possibly incriminate him or herself.

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Murder versus manslaughterMost states, including Illinois, differentiate the various types of homicide based on the context of the killing. “Homicide” is the blanket category that includes murder and manslaughter. It can be confusing to decipher the differences when these terms seem to be thrown around interchangeably in the media and in daily usage. In legal application, however, there are important distinctions between each of the terms. These seemingly small, nuanced dissimilarities have significant implications on the sentence a person will receive who is ultimately convicted.

First Degree Murder

Essentially, murder occurs when one intentionally kills another human being. In Illinois, murder is further divided into two categories: first degree murder and second degree murder. In order to commit first degree murder under Illinois law, one of three states of mind must be present for a successful conviction:

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Posted on in Arrest

huffing lawInhaling volatile substances because of their intoxicating effect is sometimes referred to as “huffing.” People who engage in huffing may experience highs similar to alcohol use, along with symptoms such as dizziness, lightheadedness, and mood changes. When used in large quantities, such inhaled chemicals may lead to impaired judgment, permanent brain damage, or even cardiac arrest and death.

This practice is gaining popularity among young people in Illinois and throughout the country. The practice is particularly dangerous because it is difficult for users to predict how unfamiliar chemical substances will affect the body when inhaled. Additionally, the practice is becoming more widespread because some young people view it as a more innocent, cheaper, and legally safer alternative to taking illegal drugs or binge drinking.

Illinois State Anti-Huffing Law

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illinois dui statistics According to data collected by the Alliance Against Intoxicated Motorists (AAIM), Naperville police officers made 553 DUI arrests in Illinois in 2013. This ranks as second in Illinois, excluding the Chicago area. Naperville has ranked second on this survey for four consecutive years. Only Rockford, Illinois, with a population of about 151,000, topped Naperville (population of about 144,000), with 556 DUI arrests. Rockford has topped the AAIM’s statewide survey for seven consecutive years.

Reasons Behind the Numbers

Naperville police Chief Bob Marshall named his department’s DUI enforcement  initiatives as “a very high priority.” Naperville’s DUI-related initiatives include both arresting DUI offenders and trying to deter the Naperville public from engaging in drunk driving in the first place by using public education and awareness campaigns. In addition, the Naperville police force installed cameras in cars in order to help prosecute DUI offenses.

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illinois criminal defense lawyerTo some residents of the state, one of the more nerve-wracking parts of Illinois law is the doctrine of accomplice liability. Under this doctrine, it appears that sometimes being merely present at the scene of a crime may make someone just as liable as if that individual had actually committed the crime.

For example, people may worry about being convicted of shoplifting if a companion shoplifts or they may worry about charges of assault and battery for merely “having a friend’s back” during a bar fight. Though under Illinois law it is not necessary for one to physically commit a crime to be convicted of that crime, the law does not impose a straightforward “guilt by association” rule either. Certain conditions must be satisfied before a companion may be charged as an accomplice to a crime.

Accomplice Liability in Illinois

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