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Safe-T Act Ruled Unconstitutional

sirflyguy

By sirflyguy
in Illinois Politics

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  • 2 weeks later...
mikew Member

mikew

Posted
Posted
On 12/30/2023 at 8:02 AM, SiliconSorcerer said:

Here's another sweetheart released.  

 

Man accused of carjacking and gun possession is released on an ankle monitor after judge rejects prosecutors’ detention request

 

https://share.newsbreak.com/5s0zfreg

 

 

Carjacking is violent, the man is a danger, in spite of his facial tattoos, the mark of customer service.

The judge sounds like a problem.

skinnyb82 Member

skinnyb82

Posted
Posted
On 1/1/2024 at 3:14 PM, fxdpntc said:


‘They could retail package it, and open their own dispensary? Punch up the state budget a little?

🤣 The ironic part is I was listening to my scanner while working from home and heard the whole thing go down. They spent the entire day on the stop, search, arrest, booking, impoundment, and so on. Must be nice to be one of the troopers to be working that stop then find out the people you arrested are in the wind and will never be held accountable. It's a frustration I've heard from multiple LEOs from different agencies. "Why should I even bother if some s***bird judge is just gonna cut em loose." Valid point too unless they're just doing it for the OT.

springfield shooter Member

springfield shooter

Posted
Posted (edited)

Something to think about: state and county level judges have to stand for reelection, correct? One guesses that in a few counties letting these perps skate, when they could be held, might be a resume enhancer. In the rest of the state, probably not so much.

 

 

 

 

Edited by springfield shooter
  • 2 weeks later...
  • 3 weeks later...
SiliconSorcerer Member

SiliconSorcerer

Posted
Posted

 My guess this topic could outpace the meme's but here's another good one.

 

https://wirepoints.org/dolton-shooting-suspect-was-free-awaiting-murder-trial-wgntv-chicago

 

Four people were shot and injured last week in what Dolton police have only described as “an incident that came into Dolton from somewhere else.” Torrey Lewis, 30, was wearing an ankle monitor when police found him bleeding but alive behind the wheel of a stolen car that came to a stop in an auto parts store parking lot, an assault rifle and handgun were on the seat next to him. Cook County Sheriff Tom Dart said his calls to clamp down on the use of electronic monitoring in violent cases have gone unheard by lawmakers.

Odinson Member

Odinson

Posted
Posted
On 2/8/2024 at 10:24 AM, SiliconSorcerer said:

oh just another prime one...

 

https://cwbchicago.com/2024/02/man-awaiting-trial-on-160-counts-of-murder-got-shot-inside-a-stolen-car-with-two-guns-while-on-electronic-monitoring-officials-say.html

Man awaiting trial on 160 counts of murder got shot inside a stolen car with two guns — while on electronic monitoring, officials say.

Dolton in the news. This guy and that Mayor! I don't spend a lot of time in our legal system so I'm not sure how one could rack up 160 counts of murder - he couldn't have killed 160 people.

Upholder Member

Upholder

Posted
Posted

They only talk about one dead person in the article.  I'm thinking maybe he was shot with 160 birdshot pellets?   Possibly murder charges at different levels all being added together and one charge for each shot?  It's very unclear.

  • 1 month later...
Euler Member

Euler

Posted
Posted
Part of the SAFE-T Act allows defendants to appeal their pretrial detention. It what world would any person detained not appeal? So the appeals courts and supreme court are now the bond court.

Criminal cases take priority over civil cases automatically. The appeals courts are required to hear the cases. The supreme court can at least choose to turn them down without a hearing.

Either way, just sit back and watch the world burn. You can't stop it. You might as well enjoy the spectacle.
  • 2 weeks later...
Euler Member

Euler

Posted
Posted
When even the judges and prosecutors don't understand the "new" law (quotes because it's not so new anymore):

CWBChicago said:→
Two men accused of trying to lure children into a van where Cicero police allegedly found condoms, lubricant, and a mattress were not detained on the charges because prosecutors and the judge mistakenly believed attempted child abduction is not a detainable offense under Illinois’ cashless bail system.
...
They are each charged with two counts of child luring by a person older than 21 and two counts of attempted child abduction.

"State," Judge [Susana] Ortiz asked Dale-Schmidt after hearing the allegations, "as to each defendant, these are detention eligible offenses, correct?"

"No, your honor," replied [Assistant State's Attorney Sarah] Dale-Schmidt.
...
"I want to note for the record that as to each of these defendants, child luring and attempted child abduction are not enumerated offenses on which the People can seek detention," Ortiz stated. "I want to note that attempted animal cruelty is one where detention can be sought but not attempted child abduction, for whatever that's worth, I want that to be reflected on the record."

She proceeded to order both men to go on electronic monitoring and barred them from receiving "essential movement," the 48 hours per week that electronic monitoring participants are allowed to leave their homes. She also ordered them to have no contact with the victims, the witness, or anyone under 18.
...
CWBChicago contacted several sponsors of the SAFE-T Act and the Cook County state’s attorney’s office seeking input for this story.
...
"Child abduction and attempted child abduction are 100% detention eligible," Rep. Kam Buckner (26th) said. ...

Another SAFE-T Act sponsor, Sen. Elgie Sims (17th), agreed.
...
Sims continued: "The facts show that overall the SAFE-T Act, including the Pretrial Fairness Act, is making significant strides in allowing Illinois to reimagine what public safety looks like in this state for the better."

In an email, the state's attorney's office said, "We are unable to comment on pending litigation."

"Litigation" refers to civil lawsuits. This case is a criminal prosecution.
Euler Member

Euler

Posted
Posted (edited)
FWIW, I dug through the Act to find the enumerated list.

725 ILCS 5/110-6.1 said:

Sec. 110-6.1. Denial of pretrial release.

(a) Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if:

...

(6) the defendant is charged with any of the following offenses under the Criminal Code of 2012, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case:

...

(R) Section 10-5 (child abduction);

...


720 ILCS 5/10-5 said:

Sec. 10-5. Child abduction.

...

(b) A person commits the offense of child abduction when he or she does any one of the following:

...

(10) Intentionally lures or attempts to lure a child ...

...

Edited by Euler
mauserme Member

mauserme

Posted
Posted
On 4/6/2024 at 8:17 AM, SiliconSorcerer said:

HB1053 - allow three-time felons parol.  That should help things along...

 

There's an amendment pending on that bill that will address some of the concerns about things like that.  The bill won't be moved on the floor until that amendment gets committee approval (or is adopted during debate if it's filed as a floor amendment).

 

 

 

 

John J Welcome New Member

John J

Posted
Posted
On 12/18/2023 at 11:23 AM, JTHunter said:

 

Of course it is and "they" knew that going in on this garbage !!  That is their intent.  This way, they can claim the police (already under-staffed and over-worked) aren't doing their jobs and an "alternative" is needed. 😡 :sick:

Gun control is their alternative. Problem reaction solution. When only criminals have guns crime will go down according to their logic. Criminals running rampant with switches but the law abiding can't even have rifles because they have been classified as machine guns and outlawed. 

Smallbore Member

Smallbore

Posted
Posted

People control is as old as history. Weapons of all types have been the issue through out history. Those in power never have cared about us peasants. These tyrants promote the law of the jungle. They can't stay in power with the weak able to stand up against the despots evil.

Today the right to vote with an honest count by only properly identified registered voters is a legitimate freedom weapon that these tyrants must stop.

  • 2 weeks later...
Euler Member

Euler

Posted
Posted (edited)
On April 3, 2024 at 07:36 PM CDT, Euler said:→
...
CWBChicago said:→
Two men accused of trying to lure children into a van where Cicero police allegedly found condoms, lubricant, and a mattress were not detained on the charges because prosecutors and the judge mistakenly believed attempted child abduction is not a detainable offense under Illinois’ cashless bail system.
...

...

Follow-up:
CWBChicago said:→
Remember our story a couple of weeks ago about the two men accused of trying to lure children into a van where cops allegedly found sex supplies, booze, and a mattress? The men who were given electronic monitoring because a judge and prosecutors mistakenly believed that attempted child abduction is not a detainable offense under Illinois' cashless bail system?

Well, somebody must have given prosecutors a heads-up, because they filed detention petitions against both men on Monday. They're both behind bars today, one because a judge granted the detention petition and the other because the state revoked his parole due to the new allegations.
...
On Monday, both men were back in court. This time, things went a little differently as prosecutors presented Judge Rouhy Shalabi with detention petitions for both men.

According to court records, Shalabi granted the petition against McCauley and denied the one against Edwards. McCauley was taken to jail. Edwards returned to Stateville Correctional Center.

It just took a while, I guess.

Edited by Euler
  • 5 months later...
MrTriple Member

MrTriple

Posted
Posted
On 10/9/2024 at 12:55 PM, SiliconSorcerer said:

Iris Y. Martinez: Defendants are missing court appearances. It is time to fix the SAFE-T Act.

 

 

  • In the first 50 weeks of the PFA, out of 90,872 cases, defendants missed court 67,416 times. This includes defendants charged with violent felonies. 

Stuff like this is precisely why I get so annoyed with supporters of the SAFE-T Act. You cannot seriously argue that allowing violent criminals to go out on pretrial release is a good thing when there's functionally no means of enforcing their compliance with the terms of their release.

 

(Granted, there's a big difference between politicians who support it and the rank and file voters who also support it. My issue is with those voters. I don't expect the politicians to be honest with others, let alone themselves, about the utter failure of the bill, but what excuse do the voters have?)

 

And yet people will seriously insist that the old bail system could be abused by "rich defendants," in spite of the fact that this line of argument makes absolutely no sense whatsoever. So instead of making them put up bail money we're just gonna release them instead? And that's supposed to somehow work better?

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