A proposed constitutional amendment that would have made crime victims party to the defendant’s trial undermined the constitutional presumption of innocence, the ISBA and other opponents, including prosecutors, argued.
The Child Murderer and Violent Offender Against Youth Registration Act has been amended to introduce three new categories that define violent offenses against youth (730 ILCS 154/5).
In People v. Chapman, the supreme court upheld admission into evidence of the defendant's earlier conviction for domestic battery of the woman he was accused of murdering.
A new supreme court criminal case underscores the importance of challenging - and if necessary, appealing - a judge's failure to rule on pre-trial evidentiary motions.
The Unified Code of Corrections has been amended to introduce a new condition of parole, supervised release (730 ILCS 5/3-3-7), probation, and conditional discharge (730 ILCS 5/5-6-3) following methamphetamine-related convictions.
Illinois lawmakers have amended the Criminal Code of 1961 to ban persons from knowingly possessing any caustic and noxious substances regulated by Title 16 CFR section 1500.129 of the Federal Caustic Poison Act. (720 ILCS 5/12-37 new.)
Lying to a police officer can support a conviction for obstruction of justice if the lying directly hinders the officer's official performance, the Illinois Supreme Court rules.
Recent Illinois Supreme Court cases make it less likely that criminal defendants' petitions will be quickly dismissed as frivolous under the Illinois Post-Conviction Hearing Act.
Whitfield creates a remedy for defendants who took negotiated pleas without being told they must also do "mandatory supervised release" (aka parole). This article explores the law.
Illinois lawmakers have amended the Illinois Vehicle Code to address the registration status of vehicles used in gunrunning violations (625 ILCS 5/3-704).
The Illinois Criminal Code has been amended to place accountability on a person who directs a third party to stalk another person. (720 ILCS 5/12-7.3, 12-7.4, 12-7.5, and 12-30).
It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.
Illinois lawmakers have amended the Criminal Code of 1961 to raise the fine when imposing absolute liability on a person who committed a misdemeanor offense that is not punishable by incarceration (720 ILCS 5/4-9).
Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.
Peace officers no longer are required to swear to complaints issued for misdemeanors, under recent amendments to the Code of Criminal Procedure of 1963. (725 ILCS 5/111-3).
The Criminal Code of 1961 is amended by Illinois lawmakers to incorporate virtual presence into possible means of committing the sexual exploitation of children. 720 ILCS 5/11-9.1.
Under the newly amended Criminal Code of 1961, it is now a Class 4 felony for a person 18 years of age or older to commit public indecency or sexual exploitation of a child within 500 feet of elementary or secondary school grounds when children are present. (720 ILCS 5/11-9; 720 ILCS 5/11-9.1)
Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.
The Criminal Code of 1961 has been amended to add an aggravating factor that can result in natural life imprisonment for a criminal offender. (720 ILCS 5/9-1)
