Chicago Criminal Lawyer Blog

March 26, 2016

The Sex Trade and the Sexual Assault of People in the Industry

by Law Offices of David L. Freidberg, P.C.

Prostitution has been called the “oldest profession in the world,” probably because it has been around since the beginning of time. Since sex is considered a trade by those involved in the industry, can it therefore be surmised that a sexual assault and battery on a person involved in the industry not be considered a true crime?

Some time ago, a Chicago Sun-Times editor by the name of Mary Mitchell ran an article stating that in her opinion, a sexual assault and battery on a prostitute is nothing more than a “theft of services,” and not a rape. It is Mitchell’s belief that in considering the sexual assault of a prostitute working in the “industry” a rape, did nothing more than minimize the act of rape of “real” victims and, therefore, an insult to those whom she labeled as “real” victims. It begs the question whether Mitchell would also not consider a wife who had been raped by her husband, a “real” victim.

Mitchell proceeded to blame the victim for the assault, because, in her opinion, the very nature of the sex industry meant that the victim was agreeing to exchange sex for money, and by doing so, she also accepted any risk involved. Is she right? See HuffPost Chicago for more on this story.

March 23, 2016

The Medical Profession and Accusations of Sexual Assault

by Law Offices of David L. Freidberg, P.C.

When doctor/patient relationships get a little too close, sometimes bizarre things can happen. Take for example, the case of Dr. David Newman, an emergency room physician at the Mount Sinai Hospital in New York City. Dr. Newman is accused of drugging a patient and then ejaculating onto the patient’s face. If that is not bizarre enough, his defense should qualify him for admittance into the Guinness Book of Records under “strange and untenable” defenses used in the commission of a crime. See HuffPost Crime and ABC7 Eyewitness News for the complete story.

After Dr. Newman’s unprofessional emergency room behavior came to light, there have been three other accusations of acts of sexual assault and battery committed by Dr. Newman on his patients after they had been drugged.

Since When Did Sexual Assault Become Part of the Care and Treatment of Patients?

March 18, 2016

The First Amendment Right to Free Speech and Social Media

by Law Offices of David L. Freidberg, P.C.

Do we have a First Amendment Right to say anything we want to on social media; to make threats of violence against others, without fear of retribution? Social Media brawls, squabbles, and feuds on Facebook and Twitter, to name a few, are no joke. What often starts out as an innocent “back and forth” between sparring parties can grow ugly when there is a spillover from Facebook to reality; and sometimes that spillover can become deadly.

Facebook and Twitter accounts are now being monitored for possible criminal activities. Both federal, as well as state and local law enforcements have begun to use social media as one of their vehicles in the prevention and the solving of crimes. There have been court rulings that postings on social media sites have no expectation of privacy or confidentiality, therefore, anything you post in social media is accessible without the need for a warrant.

Even so, it has not been settled whether the First Amendment Right applies to threats of crimes of violence or murder on social media. Many social media users hide behind the anonymity of the profiles they create to behave in ways that would be totally unacceptable in the real world.

March 16, 2016

The First Amendment and the Right to Assemble

by Law Offices of David L. Freidberg, P.C.

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There is a safeguard under our First Amendment for political protests. However, that safeguard does not extend to protests that lead to assault and battery (or worse) of other protesters, passersby, police officers, or news reporters.

Most recently, during a political rally in Chicago, for one of the Republican candidates, Donald Trump, a protest erupted. Thousands of protesters and the candidate’s supporters faced off in what started as a mere disagreement in campaign policies and slogans and ended in a “free for all.” In the aftermath of the protests, four people were arrested. One of the protesters faces one count of felony aggravated battery against a police officer and five misdemeanor counts of resisting arrest. If his main purpose for attending the rally was to go to jail, then he succeeded.

March 11, 2016

Fast-Food Fights are Criminal Assaults and Battery

by Law Offices of David L. Freidberg, P.C.

On the rise, and all across the nation, patrons of fast-food eateries are waging war against these establishments in the form of criminal activity; actually they are engaging in fast-food fights with the establishments’ workers over errors in food orders, etc., and sometimes just because they want to fight an easy target. The mistake in the order just may be the excuse.

These occurrences have become equivalent to “off” road rage as patrons, looking for their favorite fast-food burger, chicken nuggets, or breakfast meal deal have taken to attacking and assaulting fast-food workers over disputes about their abilities to “have it their way.” What is the psychology behind this? Is this a natural phenomenon amongst people who frequent fast-food restaurants and if so, what is causing it?

Is it the Food or Something Else?

March 9, 2016

Social Media, Violent Crimes, and Fifteen Minutes of Fame

by Law Offices of David L. Freidberg, P.C.

We live in the age of the internet, social media, and video games. People are becoming less social in real time and are becoming more and more addicted to their YouTube, Twitter, Facebook, or Instagram accounts. During social media chats and brawls, individuals often lose all connection with reality and act out their fantasies. Sometimes those fantasies can take on a dark and sinister turns. The internet has become a place where individuals and roving mobs have videotaped themselves committing crimes and then uploading their “confessions” to the crime for the entire world to see.

Violent Crimes Uploaded on Social Media

In 2013, a Florida man by the name of Derek Medina, murdered his wife and upload pictures of her body on Facebook for all his friends to see. During his trial he asserted that he shot his wife in self-defense in that she was threatening him with a knife. Evidence showed to the contrary. Medina shot his wife eight times while she was cowering on the floor. There also appeared to be evidence that he had planned to kill her if she left him. These ongoing battles between Medina and his wife were shared with their friends on Facebook.

March 4, 2016

High Profile Cases and the Media

by Law Offices of David L. Freidberg, P.C.

High profile cases usually get a lot of attention in the media. Sometimes, media attention can advance the cause of justice, and sometimes it can inhibit it. When a case is tried in the court of public opinion, facts are sometimes ignored and emotions become the measuring rod for “guilt or innocence.”

There have been a few high profile cases that have garnered such media attention, both past and present. But in this century there is one particular case that has received the most attention.

One infamous high profile case comes to mind, The State vs. O.J. Simpson. Twenty-five years ago, Nicole Simpson and Ron Goldman were brutally murdered at Nicole Simpson’s home in Brentwood, California. Attention focused on one particular suspect, Nicole’s famous ex-husband, O.J. Simpson. Simpson was arrested and charged with the murders, and the case gained immediate media attention due to Simpson’s celebrity status.

March 2, 2016

Chicago Gangs: a View From the Past

by Law Offices of David L. Freidberg, P.C.

Gang violence is nothing new in this country, from New York City, to Chicago, to Las Vegas and beyond, criminal gangs and gang violence has left its mark on American society.

The era of the Italian Mafia is one of the most notorious periods in American history. The Mafia, whose criminal activities back in the twenties, thirties, and forties were so glamorized in Hollywood movies crime families like the Capone “Outfit” and the Genovese crime family became a part of Americana. Who has not seen movies such as the 1931 movie “Little Caesar” with Edward G. Robinson, and the 1931 movie “Public Enemy” with James Cagney?

The organized crime street violence of the 30s reached a climax with the now infamous St. Valentine’s Day Massacre orchestrated by Al Capone, which led to the slaughter of seven members of a rival gang. One of the men shot during the raid, found still alive, refused to name those that committed the crime. He died moments later without “snitching” on the person or persons that killed him. See History.com

February 26, 2016

Blighted Neighborhoods in Chicago and High Crime

by Law Offices of David L. Freidberg, P.C.

In an effort to eradicate crime in the urban city of Chicago, the city officials are demolishing abandoned buildings that are magnets for drug users and drug dealers. The buildings targeted for demolition are known hangouts for gangs and drug dealers. Residents of the neighborhood have been asking Alderman Carrie Austin for years to get the city to take down these buildings. Happily, now, the city is listening to the neighborhood residents.

The Demolition of Buildings in Blighted Neighborhoods

The Chicago Police Department and the Department of Building and Safety have started demolishing the building structures located in the West Pullman neighborhood. Mayor Rahm Emanuel says that these demolitions are necessary to fight gang violence and crime in the area. Chicago has torn down at least 14 structures and boarded up about 400 buildings so far. The structures being targeted for demotion are those that are located in high crime areas, those that have absentee owners and those that have no possibility of being repaired. See abc7news for more on this story.

February 24, 2016

Crime and Punishment

by Law Offices of David L. Freidberg, P.C.

The story of the defrocked priest, Daniel McCormack is back in the news. This time, because the prosecution has decided to drop the sexual assault charges against him stemming from a 2005 case involving the abuse of a then 10-year-old boy. In this case, the prosecution was seeking to have McCormack declared a “sexually violent offender.” If successful, the prosecutors would have been able to have McCormack removed indefinitely from society.

The Crime

Since the 1980s there have been a number of accusations involving the Catholic Church and its priests concerning alleged sexual misconduct and cover-ups. These cases started coming to light as now adult victims began to recount incidents of abuse, at the hands of these priests, that happened to them when they were children. The allegations of cover-up by the Catholic hierarchy permitted these priests to continue with this conduct, unabated for many years, by moving the abusive priests from one parish to another, allowing for the continuation of the abusive behavior. See BishopAccountability.org