Police officers’ training & defendants with mental health issuesBy Jessica FangmanCriminal Justice, February 2019Despite the obvious need for sensitivity to mental health issues, law enforcement officers in Illinois are not required to attend crisis intervention or mental health awareness training.
SORA on appeal after People v. BinghamBy Julia Kaye Wykoff & Mark Kevin WykoffCriminal Justice, February 2019The Illinois Supreme Court recently considered the constitutionality of the Sex Offender Registration Act in People v. Bingham.
Cellphone data – Constitutional protections continue to expandBy Stephen BakerCriminal Justice, October 2018An overview of Carpenter v. United States, in which the U.S. Supreme Court determined whether the government conducts a search under the Fourth Amendment when it accesses historical cell phone records to chronicle a user’s past locations when possessing the phone.
Is it time for no-name criminal juries in Cook County?By Hon. Charles P. Burns, Ana Montelongo, Darryl Auguste, & Ross SteinbergCriminal Justice, October 2018A look at how jurors’ stress caused by privacy and safety concerns in the digital age of instant information affects the fairness of the judicial system.
Legislation: 2018 bills updateBy Stephen BakerCriminal Justice, October 2018A compiled table of some of the new laws that the Illinois legislature has passed in the last year.
An overview of the NACDL annual meetingBy Cheryl PowellCriminal Justice, October 2002"Warriors for the Defense: New Strategies for Difficult Times" was the title of the Annual Meeting & Seminar of the National Association of Criminal Defense Lawyers (NACDL), held from July 31st through August 3rd in San Francisco, California.
Case law notesCriminal Justice, March 2002The Fourth District Appellate Court recently ruled that homemade crack pipes were not drug paraphernalia under 720 ILCS 600/2(d).
Double jeopardyBy Kimberly L. DahlenCriminal Justice, March 2002In People v. Bellmyer, the issue on appeal was whether the trial court erred in denying defendant's motion to dismiss based on double jeopardy where the parties had completed a stipulated bench trial, but the court refused to enter a verdict.
Case notesCriminal Justice, February 2002Relsolelo v. Fisk, No. 90623 (Supreme Court of Illinois), Illinois Constitution Art I, § 10 does not provide a person with a privilege against self-incrimination in regard to a potential criminal prosecution by a foreign sovereign.
From the Illinois Supreme CourtBy David P. Bergschneider, Michael J. Pelletier, & Michael C. BennettCriminal Justice, February 2002The Illinois Supreme Court found that the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), did not apply to certain Illinois sentencing statutes.
Confidential memorandumBy Timothy P. O’NeillCriminal Justice, August 2001For years we have discussed how much easier patrol and investigation would be if that darned Fourth Amendment didn't get in our way.
Public defender malpractice liability—civil immunity: good, bad or just Cook CountyBy Jack Rimland & Steve BakerCriminal Justice, April 2001Background: In Johnson v. Halloran, et. al1 the Illinois Supreme Court extinguished the long held assumption that Public Defenders may be accused of malpractice in the context of ARDC complaints or post-conviction petitions [pro-se post-trial motion/motion to withdraw guilty pleas included], but not a civil suit for malpractice.
Editor’s noteCriminal Justice, February 2001The caselaw digests contained in this newsletter were graciously submitted by Don Hays, Senior Staff Counsel, Office of the States' Attorney Appellate Prosecutor.
Recent criminal law case analysisBy Don HaysCriminal Justice, February 2001Search and seizure--The defendant in this case was not "seized" when a police officer stopped his squad car in front of the defendant.
Dispositions for leave to appealBy Donald R. ParkinsonCriminal Justice, September 2000On May 31, 2000, the Illinois Supreme Court issued its rulings on 287 petitions for leave to appeal
New hearsay ruleBy Michelle Madden DempseyCriminal Justice, September 2000Recently passed Senate Bill 1332 seeks (in part) to enact a new hearsay exception in Illinois by amending the Illinois Code of Criminal Procedure to create 725 ILCS 5/115-10.5 ("10.5").
From the United States Supreme CourtBy Donald C. HudsonCriminal Justice, June 2000The respondent was convicted of sodomy and weapons possession in New York. The respondent testified in his own defense at trial stating that he had consensual intercourse with the alleged victim.
Section council activitiesBy Donald R. ParkinsonCriminal Justice, June 2000This has been a very active and productive year for the Criminal Justice Section Council under the leadership of Robert A. Loeb.
Section council hears from George E. DeTella, Associate Director of the Department of CorrectionsBy Donald R. ParkinsonCriminal Justice, June 2000On Saturday, April 15, 2000, George E. DeTella, Associate Director of the Department of Corrections, appeared before the Criminal Justice Section Council. Mr. DeTella outline a number of changes which have occurred at DOC within the last nine months.
Summary of recent cases accepted by Illinois Supreme CourtBy Donald R. ParkinsonCriminal Justice, June 2000On February 2, 2000, the Illinois Supreme Court issued orders in 294 cases. The court remanded a number of the cases pursuant to its supervisory authority and the case of People v. Cervantes (189 Ill. 2d 80, 1999, single subject legislative rule)
Where can I find a court reporter?Criminal Justice, June 2000Under the direction of Criminal Justice Chairperson, Robert A. Loeb, the council asked the ISBA Board of Governors to look at the current shortage of certified court reporters.
Changes to criminal law and procedure after People v. CervantesBy Thomas R. FitzgeraldCriminal Justice, May 2000For your information, pursuant to the Illinois Supreme Court's recent finding in People v. Cervantes, docket No. 87229, filed December 2, 1999, amendments/deletions to the criminal code passed as part of P.A. 88-680 are no longer in effect.
