DRUG DEALING FELONIES & CHICAGO SCHOOLS
Story By: Kathy Posner
****
****
Kathy Posner
According to the Merriam-Webster dictionary, the word, “school” as a noun is defined as “an organization that provides instruction.” At dictionary.com, the word is defined as “an institution for educating children.” Likely, we all thought we knew what a school was, but a recent Illinois Supreme Court ruling has changed the definition of school as we know it.
Illinois statute720 ILCS 570/407(b)(2) has a section that makes Delivery of a Controlled Substance a Class 1 felony if it is committed within 1,000 feet of a school. So exactly what constitutes a “school” is very important for drug dealers to know.
The facts of the case I am writing about are not in dispute. On January 28, 2007, an undercover officer approached Anthony Young where he was standing on the sidewalk at 4958 West Augusta Boulevard in Chicago, and bought some heroin from him. The sale occurred within approximately 443 feet from the High Mountain Church and Preschool.
A jury found Young guilty of delivery of a controlled substance within 1,000 feet of a school. An Illinois Appellate Court reduced the conviction to delivery of a controlled substance, finding that a preschool is not a “school” within the meaning of section 407(b)(2) of the Act. Did the Supreme Court agree?
According to a Supreme Court opinion last week, “Young was charged with one count of delivery of a controlled substance (720 ILCS 570/401(d) (West 2008)) and one count of delivery of a controlled substance within 1,000 feet of the real property comprising any school (720 ILCS 570/407(b)(2) (West 2008)). Prior to trial, in the circuit court of Cook County, defendant filed a motion in limine seeking to exclude evidence of the location of the preschool, arguing that a preschool is not a ‘school’ within the meaning of section 407(b)(2) of the Act.”
So is a preschool a school? Not in Illinois! The Illinois Supreme Court affirmed a 20-year old Appellate Court ruling (People v. Goldstein, 204 Ill. App.3de 1041 (1990)) that the definition of “school” is unclear in the law and that “school” meant "any public or private elementary or secondary school, community college, college or university." No mention of preschool!
The Illinois Supreme Court agreed with the Appellate Court and said that if the legislature had wanted preschool to be defined as a school, they would have expanded the definition.
Great loophole for Anthony Young -- but not for other, future offenders. I have spoken to State Rep. Jack Franks (D-Marengo) about amending the law. He agrees that it needs to be fixed and will create a definition of “school” that is so tight it will include a group of fish.
Read More From Planet Posner Here.....
Illinois statute720 ILCS 570/407(b)(2) has a section that makes Delivery of a Controlled Substance a Class 1 felony if it is committed within 1,000 feet of a school. So exactly what constitutes a “school” is very important for drug dealers to know.
The facts of the case I am writing about are not in dispute. On January 28, 2007, an undercover officer approached Anthony Young where he was standing on the sidewalk at 4958 West Augusta Boulevard in Chicago, and bought some heroin from him. The sale occurred within approximately 443 feet from the High Mountain Church and Preschool.
A jury found Young guilty of delivery of a controlled substance within 1,000 feet of a school. An Illinois Appellate Court reduced the conviction to delivery of a controlled substance, finding that a preschool is not a “school” within the meaning of section 407(b)(2) of the Act. Did the Supreme Court agree?
According to a Supreme Court opinion last week, “Young was charged with one count of delivery of a controlled substance (720 ILCS 570/401(d) (West 2008)) and one count of delivery of a controlled substance within 1,000 feet of the real property comprising any school (720 ILCS 570/407(b)(2) (West 2008)). Prior to trial, in the circuit court of Cook County, defendant filed a motion in limine seeking to exclude evidence of the location of the preschool, arguing that a preschool is not a ‘school’ within the meaning of section 407(b)(2) of the Act.”
So is a preschool a school? Not in Illinois! The Illinois Supreme Court affirmed a 20-year old Appellate Court ruling (People v. Goldstein, 204 Ill. App.3de 1041 (1990)) that the definition of “school” is unclear in the law and that “school” meant "any public or private elementary or secondary school, community college, college or university." No mention of preschool!
The Illinois Supreme Court agreed with the Appellate Court and said that if the legislature had wanted preschool to be defined as a school, they would have expanded the definition.
Great loophole for Anthony Young -- but not for other, future offenders. I have spoken to State Rep. Jack Franks (D-Marengo) about amending the law. He agrees that it needs to be fixed and will create a definition of “school” that is so tight it will include a group of fish.
Read More From Planet Posner Here.....
Comments