Illinois Administrative Code
Title 2 - GOVERNMENTAL ORGANIZATION
Part 3500 - ORGANIZATION, PUBLIC INFORMATION, PROCEDURES AND RULEMAKING
Subpart C - PROCEDURES
Section 3500.386 - Factors Considered in Decisions
Universal Citation: 2 IL Admin Code ยง 3500.386
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Commission will consider all relevant factors in making its decision. These factors may include:
1) Whether the person has consistently
claimed to have been tortured;
2)
Whether the claim was first made shortly after the incident in
question;
3) Whether the claim is
corroborated by medical evidence;
4) Whether the claim is corroborated by
observations made by others of the physical and emotional condition of the
claimant shortly after the alleged torture;
5) Whether the claim is strikingly similar to
other claims of torture contained in the Reports of the Chicago Police
Department's Office of Professional Standards, and the Report of the Special
State's Attorney, regarding their investigations of Jon Burge and police
officers under his command, and/or to evidence introduced at the criminal trial
of Jon Burge;
6) Whether the
officers accused are identified in other cases alleging torture;
7) Whether the claim of torture is consistent
with the Office of Professional Standards' findings of systematic and
methodical torture at Area 2 under Jon Burge;
8) The length of time, if any, since the
accused officer had served under Jon Burge;
9) Whether the strength of the evidence
against the claimant, in a particular case, could bear on a possible motive for
having coerced a confession.
b) None of the factors listed in subsection (a) are dispositive, and the Commission has the right to weigh these and other factors as it sees fit in any individual case.
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