Illinois Torture Law Targets Law Enforcement, Prosecutors

August 31, 9:52 AMIllinois Statehouse ExaminerJarid Brown

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Governor Pat Quinn signed into law the Illinois Torture Inquiry & Relief Act that will establish an 8-member commission to conduct inquiries into allegations by inmates of the use of torture to force confessions by Illinois Law Enforcement agencies.  The law sponsored by State Senator Kwame Raoul and drafted by attorneys representing the organization, Black People Against Police Torture stems from allegations of torture launched at former Chicago Police Commander Jon Burge.

Proponents of the legislation, such as Patricia Hill, executive director of the African American Police League, believe that "he next phase is the composition of the commission and the funding, that way we can be effective and we can proceed to try to rectify these sentences of these young men, the torture victims that are still in prison."  Hill and members of Black People Against Police Torture cite the legislation is an important step in allowing those in prison who have exhausted the appeals process an additional method of fighting their incarceration.

Opponents of the legislation, on the other hand, point out that legislation enacted on a statewide basis to resolve allegations launched against a small group of individuals can often lead to unintended consequences when these allegations should be addressed in a court of law rather than the legislative process.  In addition, opponents of the legislation are quick to point out the extensive federal and state laws in place to protect against coerced or forced confessions and the fact that the appeals process is in place to re-address allegations of torture induced confessions. 

Opponents further note that the law targeting the law enforcement community may very well result in a new slew of unwarranted and uncorroborated allegations of police abuse and torture by inmates seeking to subvert the criminal justice  & criminal appeals process and the subsequent dangers of a new review board consisting of activist political appointees whose intentions may be to impose their own personal views without regard to the general public or Federal, State and local laws.