U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

QUASI-CRIMINAL ORDINANCE PROSECUTION IN ILLINOIS

NCJ Number
15825
Journal
Northwestern University Law Review Volume: 68 Issue: 3 Dated: (JULY-AUGUST 1973) Pages: 566-584
Author(s)
ANON
Date Published
1973
Length
19 pages
Annotation
DISCUSSION OF THE PROCEDURAL IMBALANCES CAUSED BY THE PROSECUTION OF FINE-ONLY MUNICIPAL ORDINANCES UNDER THE RULES OF CRIMINAL PROCEDURE.
Abstract
DUE TO THIS QUASI-CRIMINAL DESIGNATION OF ORDINANCES, THE MUNICIPALITY HAS BEEN GRANTED THE CRIMINAL ENFORCEMENT POWER TO ARREST AND DETAIN UNTIL TRIAL ANYONE CHARGED WITH THE VIOLATION OF A FINE-ONLY ORDINANCE. THE ACCUSED, HOWEVER, HAS BEEN DENIED THE PROCEDURAL RIGHTS AFFORDED THE CRIMINAL DEFENDANT, ESPECIALLY THE RIGHT TO A 'SPEEDY TRIAL.' IN ADDITION, THE STATE CRIMINAL CODE AND MUNICIPAL ORDINANCES OFTEN OVERLAP, THUS GIVING LOCAL ENFORCEMENT OFFICIALS THE OPTION OF PROSECUTING UNDER A LOOSER PROCEDURE AND STANDARD OF PROOF IF THEIR CASE IS WEAK, SUGGESTED REFORM MEASURES INCLUDE SETTING UP A SEPARATE CODE OF ORDINANCE PROCEDURE WHICH WOULD BE NEITHER CIVIL NOR CRIMINAL, TREATING ALL FINE-ONLY ORDINANCE PROSECUTIONS AS CIVIL ACTIONS, AND TREATING THE ORDINANCE PROSECUTION AS A FULLY CRIMINAL PROCEEDING. OTHER PROPOSALS INCLUDE HAVING THE STATE PRECLUDE LOCAL ORDINANCES FROM IMPOSING SANCTIONS ON BEHAVIOR COVERED BY THE CRIMINAL CODE, AND ESTABLISHING SEPARATE CIVIL-TYPE AND CRIMINAL-TYPE ORDINANCE CATEGORIES. THIS LAST ALTERNATIVE WOULD PROVIDE INCENTIVE FOR A MUNICIPALITY TO DECIDE WHETHER AN ORDINANCE WILL BE CIVIL OR CRIMINAL BASED ON WHETHER IT WANTED TO RETAIN THE POWER OF ARREST UNDER THE ORDINANCE.

Downloads

No download available

Availability