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(a) A person commits the offense of refusing to assist a peace officer or judicial officer if, upon a request, command, or order by someone the person knows to be a peace officer or judicial officer, that person unreasonably fails to make a good faith effort to physically assist the officer in the exercise of official duties.
Fernandez, 2011 IL App (2d) 100473, which specifically states that section 107-14 is found in the Code of Criminal Procedure of 1963, not the Criminal Code of 1961, and governs only the conduct of police officers. There is no corresponding duty in the Criminal Code of 1961 that a suspect who is the target of such an order must comply.
In an effort to prevent such abuses, Congress passed a law in 1831 limiting the application of the summary contempt procedures to offenses committed in or near the court. A new section, which survives today as the Omnibus Clause, was added to punish contempts committed outside of the court, but only after indictment and trial by jury. [19] [20]
Reporting on contempt of court, the Law Commission commented that "punishment of an advocate for what he or she says in court, whether a criticism of the judge or a prosecutor, amounts to an interference with his or her rights under article 10 of the ECHR" and that such limits must be "prescribed by law" and be "necessary in a democratic ...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
The Illinois Freedom of Information Act (FOIA / ˈ f ɔɪ j ə / FOY-yə), 5 ILCS 140/1 et seq., is an Illinois statute that grants to all persons the right to copy and inspect public records in the state.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
In Cronic, the Supreme Court acknowledged that "affirmative government interference in the representation process" or the lawyer's failure to subject the prosecution's case to "meaningful adversarial testing" could constitute ineffective performance and per se prejudice. [23]