Section Newsletters

Articles on Criminal Law

People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcement By Mark T. Vazquez Criminal Justice, August 2012 Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
1 comment (Most recent August 18, 2012)
A quick guide to the DNA database law in Illinois and the 2012 updates By Paul R. Vella Government Lawyers, June 2012 Pursuant to 730 ILCS 5/5-4-3, a person convicted of, found guilty of, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense shall be required to submit a specimen of blood, saliva, or tissue to the Illinois Department of State Police. 
Case notes By Andrea Mesko, Mark Kevin Wykoff, Sr., Jesus Ricardo Rivera, David B. Franks, & James Stern Criminal Justice, March 2012 Recent cases of interest to criminal law practitioners.
An interview with State Representative Robyn Gabel on House Bill 1958 and the shackling of pregnant prisoners By Mary F. Petruchius Women and the Law, March 2012 An interview with Robyn Gabel, who sponsored a bill in the Illinois House of Representatives aimed to improve conditions for pregnant prisoners.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, February 2012 Recent cases of interest to criminal law practitioners.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2011 Recent legislation of interest to criminal practitioners.
Case notes By Hon. John A. Wasilewski, Mark Kevin Wykoff, Sr., Steve Baker, & John J. Rekowski Criminal Justice, November 2011 Recent cases of interest to criminal attorneys.
Legislative update: From the governor’s office to the law office By Richard W. Zuckerman General Practice, Solo, and Small Firm, September 2011 Recently signed legislation that may have affect general practitioners.
A look at first offender deferred judgment By Joe Cataldo Bench and Bar, August 2011 ISBA’s proposal #97-20 proposes a first offender deferred judgment sentencing option for certain felony offenses.
Federal jury acquits in-house counsel of criminal charges arising from client’s response to government investigation By Lisa Simmons Corporate Law Departments, July 2011 A federal judge has acquitted a former in-house lawyer for GlaxoSmithKline of six criminal charges that she obstructed a federal investigation and made false statements to investigators.
The New U-Visa Regulations directly undermines Congressional intent to foster a better relationship between justice system and immigrant crime victims By Stavri Vako International and Immigration Law, July 2011 Each time a law enforcement agency refuses to sign a U-Visa certification, perpetrators of crimes against immigrants are not prosecuted. Immigrant victims who are willing to aid law enforcements in their investigations are blocked in their efforts by the lack of certification from obtaining relief under the Violence Against Women Act. Such result is not what Congress intended when it created the U-Visa Program.
Case notes By Hon. Richard D. Russo, Robert B. Anderson, & Lori G. Levin Criminal Justice, June 2011 A summary of recent cases of interest to criminal law practitioners.
Crimes involving moral turpitude: Do attempts count? By Mark E. Wojcik International and Immigration Law, June 2011 Section 237(a)(2)(A)(ii) of the Immigration and Nationality Act covers convictions for crimes involving moral turpitude but it does not expressly include attempt offenses.
So your client has given you physical evidence of a crime… By J. Randall Cox Traffic Laws and Courts, May 2011 On the one hand, the delivery to the attorney is a communication which the attorney is required to protect. (Rule 1.6) However, an attorney is not to unlawfully obstruct another party’s access to evidence. (Rule 3.4) How is this conflict resolved? The courts of Illinois do not appear to have directly addressed this.
Case notes By Hon. Kimberly L. Dahlen, Debra A. Seaton, Hon. Michael Kiley, Ava George Stewart, & Randall Rosenbaum Criminal Justice, April 2011 Recent decisions affecting criminal law in Illinois.
Case note By Kevin P. Nolan Criminal Justice, December 2010 A look at the recent Illinois Supreme Court case of People v. Phipps.
SENATE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, December 2010 Senate Bills passed by the Illinois General Assembly.
HOUSE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, November 2010 House Bills passed by the Illinois General Assembly.
Synopsis of statewide report on “Examining at-Risk and Delinquent Girls in Illinois” By Lori G. Levin Women and the Law, October 2010 Girls, both in Illinois and nationally, comprise the fastest growing population in the juvenile justice system. See the full report at www.icjia.state.il.us.
Victim-offender mediation: An alternative By Don C. Hammer Child Law, September 2010 During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.
Case note By David B. Franks Criminal Justice, August 2010 A look at the case of People v. Bridgewater, 235 Ill.2d 85 (2009).
The fine vs. fee conundrum By Stephanie Anders & Rob Shumaker Criminal Justice, August 2010 What are the differences between a fine and a fee, and why do those differences matter?
Case notes By Hon. James A. Shapiro, Greg Funfsinn, James Stern, & Lori G. Levin Criminal Justice, June 2010 Recently decided criminal cases.
Expungement reconsidered By Joshua D. Carter Human and Civil Rights, May 2010 What is expungement good for? Such records are not available to employers through the official channels and, perhaps more importantly, it is illegal under the Illinois Human Rights Act for an employer to consider any criminal history information which has been ordered expunged or sealed.
Expungement. What is it good for? (with apologies to Edwin Starr) By Thomas A. Bruno Human and Civil Rights, May 2010 Can a record ever really be expunged when material posted online can be searched in perpetuity?
Fraud Enforcement and Recovery Act of 2009 By Howard Z. Gopman Business and Securities Law, May 2010 A brief summary of the criminal and civil provisions of the Act.
Women in the criminal justice system—Justice delivered or denied? By E. Nicole Carrion Women and the Law, May 2010 A recap of the February CLE program sponsored by the Standing Committee on Women and the Law.
People of the State of Illinois v. Delvillar—The Illinois Supreme Court construes statute on guilty pleas of noncitizen criminal defendants facing deportation and other immigration consequences By Christina J. Murdoch, Kathryn R. Weber, & Scott D. Pollock International and Immigration Law, March 2010 The decision may not be as devastating to non-citizens as it seems on the surface.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, January 2010 House Bills from the 96th Illinois General Assembly
Case Notes By John J. Rekowski, Debra A. Seaton, & Jameika Mangum Criminal Justice, December 2009 Recent criminal law cases.

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