Obstruction of Justice| Chicago & Northwest suburbs

OBSTRUCTION OF JUSTICE/EXCULPATORY NO DOCTRINE

People v. Ellis, No. 2-98-0832, February 22, 2002 (JUSTICE KILBRIDE)
Reversal of the conviction was overturned.

A Lake County jury convicted this defendant for attempting to obstruct
justice in 1996 in connection with a traffic stop in Grayslake. The car
he was driving had no rear registration sticker. The defendant gave the
police officer a false name and birth date for which a database check
revealed no licensed driver. Subsequent investigation revealed
defendant's real name and the fact that his driver's license was
revoked.

In the appeal of the conviction, the appellate court reversed on a
theory, which had not been raised by the parties, known as the
"exculpatory no" doctrine. This theory purports to hold that a person
should not be prosecuted for falsely denying involvement in a crime when
truthful answers would amount to an admission of guilt. In other words,
he should be free to say "I didn't do it." The appellate court reasoned
that defendant's truthful revelation of his name would have been
tantamount to an admission of driving on a revoked license. This appeal
raises the question of whether Illinois will recognize the "exculpatory
no" doctrine as an exception to criminal liability for obstruction of
justice.

In this decision, the Illinois Supreme Court held that it would
not. Although the defendant had made an argument under the fifth
amendment, the United States Supreme Court has recently issued an
opinion which does not accept this view. The Illinois Supreme Court
noted that the plain language of the Illinois statute does not support
the defendant's position, and that, although there might be some public
policy arguments which could be made in favor of the doctrine, the
legislature remains free to amend the statute.

The appellate court's reversal of the conviction was overturned.