Chicago State's Attorney Lets Bad Cops Slide, Prosecutes Citizens Who Record Them

[FF402 133]

An interesting case.

Chicago State's Attorney Lets Bad Cops Slide, Prosecutes Citizens Who Record Them

Michael Allison faces up to 75 years in prison for Illinois recording police officers.

First Posted: 06/ 8/11 01:09 PM ET Updated: 06/10/11 01:13 AM

http://www.huffingtonpost.com/2011/06/08/chicago-district-attorney-recording-bad-cops_n_872921.html?ref=email_share

[abaduck 123]

Interesting on many levels; I'm a photographer as well as a fireman. I can't understand how it can be lawful to photograph or video anyone in public, but only so long as you don't record their voice. That's such an unwarranted 1st amendment prior restraint that I can't imagine for an instant it's constitutional; I'm astonished they passed it and even more astonished they're trying to enforce it.

Or maybe not; I've been warned about Chicago. Ask any aviator about Meigs Field. Heinlein knew what he was talking about when he featured the despotic 'Chicago Imperium' in one of his books!

My personal 'What the $%($' moment was:

"earlier this year, for example, former Chicago Police Commander Jon Burge was sentenced to four-and-a-half years in prison for lying under oath about his role in the routine torture of hundreds of suspects in police interrogation rooms for more than a decade. Nearly everyone else involved in the tortures, including the police commanders and prosecutors who helped cover them up, couldn't be prosecuted due to statutes of limitations."

There's a statute of limitations for *torture*?!!

Mike

[Guest alsfirefighter]

I'd like to know what construed as "torture?" And I'm willing to bet 99% of them I wouldn't shed a tear over if they did get some for what most did in return to other people lives.

I love when fellow Americans talk about "torture" in Abu Ghraib. Really...standing naked...having a dog in your face. But speak of nothing about beheadings and bombings..and whine over criminals being waterboarded. I sleep well...and now so does Osama.

[abaduck 123]

A fair point. I've asked myself a few times: if waterboarding is effective and legal, why isn't it used more generally in the justice system? I'm sure there are cases where it could be helpful.

Mike

[helicopper 1,050]

"earlier this year, for example, former Chicago Police Commander Jon Burge was sentenced to four-and-a-half years in prison for lying under oath about his role in the routine torture of hundreds of suspects in police interrogation rooms for more than a decade. Nearly everyone else involved in the tortures, including the police commanders and prosecutors who helped cover them up, couldn't be prosecuted due to statutes of limitations."

There's a statute of limitations for *torture*?!!

There's no crime of "torture", at least in NYS. There's unlawful imprisonment, assault, attempted murder, and other sections that may apply to a scenario being called "torture" but they all have statutes of limitations.

The only crimes that don't have a statute of limitations (again in NY) are murder and kidnapping.

[abaduck 123]

Thanks Helicopper, that's interesting and something I didn't know... I know I sometimes harp on about it, but I find the differences between the US and UK systems fascinating, given that they have the same roots; in the UK there's no such thing as a statue of limitations, period. Any crime can always be tried, in principle. In practice the defence may seek to have the action struck out as an abuse of process, if it concerns events in the extremely remote past, but we still hear of, for instance, crimes involving the abuse of children being successfully prosecuted after 20, 30, even 40 years.

Mike

[helicopper 1,050]

Thanks Helicopper, that's interesting and something I didn't know... I know I sometimes harp on about it, but I find the differences between the US and UK systems fascinating, given that they have the same roots; in the UK there's no such thing as a statue of limitations, period. Any crime can always be tried, in principle. In practice the defence may seek to have the action struck out as an abuse of process, if it concerns events in the extremely remote past, but we still hear of, for instance, crimes involving the abuse of children being successfully prosecuted after 20, 30, even 40 years.

Mike

Crimes against children can be prosecuted for a long time. I'd have to look it up again but they allow for a child victim to report the crime as an adult and the offender can still be prosecuted even after the traditional statute of limitations has run out.

[SRS131EMTFF 471]

Is there any case law or precedence regarding recording police in NY state?

I know video recording of police officers have been used to convict officers of lying on reports in NY (NYC P.O. Pogan).

What are the legal ramifications regarding ones recording interactions with police?

[helicopper 1,050]

Is there any case law or precedence regarding recording police in NY state?

I know video recording of police officers have been used to convict officers of lying on reports in NY (NYC P.O. Pogan).

What are the legal ramifications regarding ones recording interactions with police?

I don't think it is a clear cut yes or no answer. I think it depends on the location, circumstances of the encounter, conduct of the recorder, and other variables.

[abaduck 123]

I don't think it is a clear cut yes or no answer. I think it depends on the location, circumstances of the encounter, conduct of the recorder, and other variables.

That's by and large correct. The general rule is that if you can see it from a public place, and you aren't obstructing the PD in their work, you can record it.

A guide, well-known and regarded by most in the photographic community as accurate, is here:

http://www.krages.com/ThePhotographersRight.pdf

Mike