The Penal Code in the State of Illinois - Essay Example

Running Head: ILLINOIS November 29, The Illinois penal enforces laws and outlines sentencing procedures for individuals accused of committing a crime. In contrast to a misdemeanor felony court maintains high standards in enforcing laws. As by definition felonies constitute one or more years in prison. Moreover, the felony procedure in Illinois is very specific. These specifications allow for no errors to be present. However, in the event that an error arises the verdict in the case is dismissed. In the state of Illinois individuals are first charged with the felony (Shestokas , 2008). This process begins when the individual is arrested. The officer must have proabable cause to pull the vehicle over. After establishing probable cause the officer must find that the individual is in violation of the law. However, some calls received by police, including retail theft warrant for the immediate apprehension of the criminal. In all other violations the officer must determine logically that the offender in which they intend to charge has committed the crime. The responding officer is then clear to call the states attorney’s office to receive clearance for felony approval. The decision in regard to charges relies solely upon the states attorney that is on call. Cases that receive felony approval often have high levels of physical evidence. Circumstantial evidence is a less reliable form of evidence that maybe differentiated based upon the individuals opinion. Yet if the states attorney believes that sufficient evidence the individual is then charged with a felony. Moreover, the classification of felonies ranges between 4 (lowest) through x (worst). Each sentencing is based heavily on the classification the offender was convicted of. The states attorney may also utilize relevant criminal history in order to determine what classification fits the charges. Additionally the states attorney can choose to charge the accused with a lesser crime (misdemeanor). After the states attorney decides to pursue felony charges the defendant is processed within the police station. This process includes book, finger printing and sometimes bond (dependent upon the charges). In some situations the offender is not immediately given bond. Instead he or she remains in jail until the next day when he or she goes to bond court. However, the individual may remain in jail for up to seventy-two hours. Incarcerations lasting seventy two hours are common in domestic violence cases and cases that occur on the weekend as the courts are recessing. During bond court the judge on the case determines what the bond should be set at. Moreover, the judge determines the flight risk of the individual. Individuals that have a high flight risk are often held without bond. The accused individual may choose to give a statement to the police at this point. However, the individual can invoked their Fifth Amendment rights and not say anything in regard to the crime. Moreover, all defendants have the right to an attorney. The defendant may retain a private attorney or utilize the public defender. The individual may choose to have an attorney present if they want to give a statement. The case then goes before a preliminary hearing. Individuals that have not made bail remains in jail until this hearing. During this hearing the judge determines if a crime has been committed. If the judge finds that a crime has been committed the judge then continues the case. However, defendants are allowed to utilize witnesses on their behalf. The utilization of witnesses is common in individuals with attorneys. Further the judge needs to determine that there is evidence that the individual committed a crime. However, if the evidentiary support is low the states attorney may choose to have an indictment instead of a preliminary hearing. During an indictment the accused goes before a group of 18 people. These 18 people determine whether or not a crime has been committed. Moreover, these individuals determine if the individual is thought to be involved in the crime. If the grand jury determines that there is not enough evidentiary support present or if reasonable doubt is present the accused individual goes free being exonerated of all charges. However, if new evidence is found that relates the suspect to the crime the individual maybe recharged at a later date. If the grand jury determines that the individual has been involved in a crime the case then goes to trial. During the trial phase the defendant has two options; a trial by jury or a bench trail. If the defendant chooses to have a trial by jury the trial is continued until jury selection is performed. However, before this selection occurs the individual must determine how to plea. The individual may choose to plead; guilty, innocent, or accept a plea deal. Plea deals are often offered in cases with less support. Moreover, plea deals allow for the individual to plead guilty to a lesser time often reducing the amount of jail time the individual will serve. However, individuals that plead innocent will proceed to trial as lawyers prepare for trial. Following the assignment to trial court the individual is arraigned. During these hearings the individual is informed formally of the charges that are pending against him. Some cases require the judge to read the charges during court. However, this option can be waived as long as the defendant understands the charges and his rights. This stage is directly followed by the discovery phase. During the discovery phase the evidence against the accused is presented. Cases that demonstrate evidentiary support go forward to trial. Moreover, the states attorney in charge of the case must present all information in regard to evidence and the penalty in which they intend to pursue for this crime. After the discovery phase an attorney make motion to have evidence dismissed. Motion hearings occur after the discovery period. Evidence may be dismissed, motions maybe quashed and statements may be suppressed. These factors further effect whether or not a plea deal will be offered. If sufficient evidence is suppressed the states attorney may seek to offer a plea deal to a lesser crime. However, the defendant may choose not to take this plea deal and go forward to trial. Plea agreements can be done with or without the consent of the judge (dependent upon the type of case). In rare occurrences the judge may quash the plea deal and force participants to move forward with trial. However, judges rarely enforce this right. Cases that reach no agreement move forward to trial. During the trail the state demonstrates evidentiary support that the accused individual is guilty of committing the crime. In contrast the individual’s defense lawyer attempts to provide probable cause or raise reasonable doubt that the individual has not participated in the crime through cross examination. After the state presents evidentiary support the defense takes the stage to present their evidence. Court then recesses in order for a jury or judge (bench trail) to decide the individual’s fate. However, juries may not be able to agree on a verdict. These cases are referred to as a hung jury. The trial process then begins all over with a brand new jury. At this point the states attorney make seek to provide a plea deal instead of going through the motions all over again. After the recess or when the jury has reached a decision all parties involved report back to the court room and the verdict is read. If the individual is found guiltily he is immediately apprehended and taken into custody to begin serving his sentence. However, in rare cases the judge allows individuals to report to custody on a specific date. These occurrences are often demonstrated in white collar crimes in comparison to street crimes. Following the reading of the trial the judge sets the sentencing hearing. In trials by juries the jury may choose to add leniency to their verdict. Leniency means that the jury has decided that the judge should not give the individual the maximum sentence. However, the judge may choose to ignore the juries’ discretion. Sentencing is outline in the Illinois state handbook. Dependent upon the crime the individual has been convicted of will determine the length of prison time he or she serves. Moreover, the factors that contributed to the crime may also play a role in determining the length of the sentence given. Illinois recognizes five felonies (Lousin, 2010). A class x felony is the worst form of a felony an individual can be convicted of and is punishable by a minimum of six years and a maximum of 30 years. However, if the individual is found guilty of a crime the judge may choose to have the individual serve his sentences separately. This allows for the offender to spend the maximum amount of time in jail. In contrast individuals charged with 1st degree felonies have a minimum sentencing of four years and a maximum sentence of 30 years. Second degree felonies provide a minimum of three years and a maximum of seven years. Class three felonies are enforced with a minimum of two years and a maximum of five years. The lowest form of felonies established in the Illinois penal code is a class four felony. Class four felonies are punished by a maximum of three years and a minimum of one year. However, once the individual is released from custody he or she is released to the parole board. Upon the release from prison the individual is released to the parole board. The parole board makes sure the offender is readjusting to life on the outside. Moreover, the parole board determines if the individual should remain free on parole or return to prison. This decision is heavily based upon the offender’s actions while out on parole. Although minor infractions may not be perceived as a big deal to the offender these infractions may send the offender back to prison on a parole violation. First time offenders convicted of a class four felony are often sentenced to probation. However, upon a violation of probation their sentence begins the steps for revocation. In contrast individuals that violate their probation are often sentenced to the maximum amount of time allowed. Individuals that are found guiltily and sentenced to imprisonment have the right to appeal their case. Lawyers file the necessary paper work and stand before the judge. The judge then determines if the case has probable cause for an appeal. If the judge determines the case has probable cause the case is reheard in front of an appellate court judge. However, if the appellate judge does not determine that the case has probable cause for an appeal the original verdict is upheld. Individuals sentence to lengthy amounts of time of the state penitentiary often appeal their cases. The penal code in Illinois outlines procedures to enforce felony charges. These procedures are more tedious in comparison to misdemeanor charges. However, felony charges are a more serious accusation. The steps taken allow for the courts to determine if the individual is guilty or innocent. Moreover, these steps ensure that each individual has their civil rights enforced (Hall, 2008). Further judges are allowed to dismiss cases that do not have strong evidentiary support or lack probable cause. References Hall, Daniel. (2008). Criminal Law and Procedure. Centage. New York, New York. Illinois Law Review (4). Northwestern University. Northwestern Law Publishing Association. Evanston, Illinois. Lousin, Anna, M., (2010). Illinois State Constitution. Greenwood Publishing. Illinois. Shestokas, David, J., (2008), The Felony Process in Illinois. Crime, Justice and America. Retrieved From: http://www.cja.us/news/the-felony-process-in-illinois/ Read More