What state is our Criminal Justice System in?

It is an interesting question. It also one that was addressed over ten years ago in the book Guilty: The Collapse of Criminal Justice by Harold Rothwax. Then I came across the blog out of Tennessee that stated Why the Criminal Justice System is Broke in Tennessee by Rob McKinney. Both bring up excellent points of how politicians are constantly trying to "fix" the system. But is the system really in need of repair? At least to the extent the politicians think?

In my own locale politics has even entered our judicial system. Not one who likes to state his political views to loudly, I am concerned though about the race for one of our judges seats. In the race is a politician who, in the over ten years I have been in this area, I have not seen in a court room. I didn't even know he was an attorney. I knew he was a State Representative, but not a practicing attorney. Now at age 65, he claims to have all this wealth of knowledge able to make him a judge. Sometimes you just have to wonder. Like Tennessee, our ads have been the same, ready to fix a system I didn't even know was broken (again).

Sometimes, I think the repairs are from the damage we cause ourselves and not from a "broken" system.

Another example in our local community is the recent disclosure of a survey taken inside our police department over 4 years ago. The city fought, in court, to keep it confidential (and lost). Now, this week it is out and there are no big surprises. We, the community, knew there were problems inside the department, but the city wanted to keep it quiet. Why? Even our local paper's blog wondered that.

Society views some of this with true scepticism. And so they should. Politicians win on campaigns that state a problem, whether it exists or not, and the solution they can bring to it, whether true or not. My only request is the same as Rob McKinney, we should not be your politicial football that can be tossed back and forth as you please.

Another Ruling on Supreme Court Rule 431

Another Appellate Court decision regarding the questioning of jurors under IL Supreme Court Rule 431 has recently been decided. This case, People v. Magallenes, has now stated that a violation of Rule 431 is not  per se grounds for an automatic reversal.

In this case it appears the court did ask the fourth part of Rule 431, but did not do so for each individual juror. The court held that there was no prejudice to the defendant.

Again, I am awaiting an IL Supreme Court case on this Rule.

DEFINITELY NEED to Follow Supreme Court Rule 431(b)

Two more Illinois Appellate Court cases have just been published regarding the Illinois Supreme Court Rule 431(b), People v. Arredondo and People v. Madrid. These decisions affect criminal cases in regards to jury selection. The appellate court is not giving any lee way in regards to the trial court not following the rule specifically.

Seems a little harsh in light of the evidence against the defendant in these cases. But, how do you balance the victim's rights to protection and a defendant's rights to a fair trial without enforcing the rules?

It will be interesting to see if the Supreme Court will get a chance to weigh in on this matter.

 

Tried and Convicted - Book Reviews

Here are couple of interesting book reviews. As an ardent reader these both have peaked my interest. I will be teaching Criminal Law at a local college so both would be interesting to use in class. 

Picking Cotton by Jennifer Thompson-Cannino, Robert Cotton and Erin Toreno receives a good review by Mario Madrid, a Houston Criminal Defense Attorney.

Jesus on Death Row by Mark Osler, reviewed by Melissa Alice Robbins at the Texas Lawyer Blog.

Happy Reading!