Illinois High Rate of Wrongful Convictions Prompts Changes

 Posted on November 15, 2024 in Criminal Defense

A Conviction Integrity Unit has recently been launched in Illinois to investigate potential wrongful convictions. An examination of the Illinois criminal justice system shows that hundreds of people have spent time in prison since the late 1980s in cases where there was insufficient evidence of guilt – a fact criminal defense attorneys are well aware of. Of the 538 people imprisoned in the state for crimes where there was not enough evidence to convict, 71 percent of those occurred in the past ten years.

Almost half of these exonerations in Illinois were for murder. It is theorized that police and other official misconduct had a disproportionate impact on wrongful convictions in the state, particularly in and around the Chicago area. The National Registry of Exoneration shows that those wrongfully convicted in Illinois lose about eight years of their lives, on average. Illinois Attorney General Kwame Raoul is behind the new statewide effort to prevent wrongful convictions.

Raoul states, "Wrongful convictions diminish faith in our criminal justice system…allowing the true perpetrators to escape unpunished." For a case to be eligible for review, it must involve a forcible felony case in state court. The convicted person must currently be serving his or her sentence, and the case must include newly discovered evidence or old evidence not tested at trial.

The new Illinois unit will consist of prosecutors, attorneys, and a former FBI agent. Since Illinois leads the nation in wrongful convictions, this is an important step forward for the state. If you or a loved one is serving time for a crime someone else committed, consider speaking to an experienced Joliet, IL criminal defense attorney from Law Office of Eric J. Blatti, P.C..  

Can a Person Receive Compensation in Illinois for a Wrongful Conviction?

Under Illinois Statute 705 ILCS 505/8, a person wrongfully imprisoned for five years or less is eligible for up to $85,350 from the state. A person wrongfully imprisoned for a period of five to 14 years is eligible for up to $170,000 from the state, and a person who spends more than 14 years behind bars in Illinois and is later found to be innocent is eligible for up to $199,150. Illinois is at the low end for compensation for those wrongfully imprisoned compared to other states.

Can Justice Delayed be Justice Denied?

While the new Conviction Integrity Unit in the state is a step in the right direction, it is important to know why Illinois takes the top spot for wrongful convictions. The primary causes of wrongful convictions include:

• Those of lower socioeconomic status are much more likely to encounter bias on the part of the prosecutor, jury, judge, and, in some cases, even their own attorney, resulting in more wrongful convictions.  
• Eyewitness error is the single greatest cause of wrongful convictions across America, playing a role in at least 72 percent of all wrongful convictions overturned by DNA testing.
• False confessions – often motivated by external influences – cause almost 30 percent of wrongful convictions that are later overturned by DNA testing.
• False forensic evidence (usually from techniques that have not been rigorously evaluated) and misconduct on the part of forensic analysts are significant factors in wrongful convictions.
• Informants – who often have an incentive to testify – may be the primary evidence in the conviction of an innocent person and are responsible for 18 percent of wrongful convictions.
• Those responsible for truth and justice, like prosecutors and law enforcement, commit acts of negligence, fraud, and misconduct.

Contact a Will County, IL Criminal Defense Lawyer

Attorney Eric Blatti is local to the Joliet area and brings a clear advantage to the table for those accused of a crime – he has experience working as a public defender and has a good working relationship with prosecutors and judges. When you choose a Joliet, IL criminal defense attorney from Law Office of Eric J. Blatti, P.C., you have taken an important step in ensuring you have a strong, highly skilled advocate in your corner from start to finish. Call 815-744-2500 to schedule your free consultation