Section Newsletters

Articles on Criminal Law

Case summaries By G. Paul Vazquez, Brendan Max, Ron Haze, Miguel E. Miranda, Vera McDonnell, & Matt Maloney Criminal Justice, June 2006 In People v. Wooddell, 2006 Ill.Lexix 326, the Illinois Supreme Court was called upon to review the effect of a release of a defendant from the Department of Corrections upon a speedy trial demand made pursuant to the intrastate detainers statute.
Case summaries Criminal Justice, April 2006 Joanne Phillips was arrested and charged with Unlawful Possession of Controlled Substance with the Intent to deliver, Unlawful Possession of Controlled Substance, and Unlawful Possession of Cannabis.
2005 criminal law decisions of the Supreme Court of Illinois By Evelyn G. Baniewicz Criminal Justice, March 2006 Below is a comprehensive summary of criminal decision from the Illinois Supreme Court in 2005, along with a key to abbreviations and notations.
Case summaries Criminal Justice, March 2006 In this case, the Illinois Supreme Court cleared up the meaning of involuntary intoxication as an affirmative defense, and the proof necessary to obtain an involuntary intoxication instruction.
Case summaries Criminal Justice, December 2005 Failure to admonish a criminal defendant of the mandatory supervisory release period (MSR) at sentencing, following a negotiated guilty plea of guilty, violates defendant’s constitutional right to due process, and the remedy is a chance to withdraw the plea rather than a reduced sentence.
Closing a criminal hearing By Thomas A. Bruno Bench and Bar, December 2005 In People v. LaGrone, the Fourth District Appellate Court reviewed the trial’s court’s decision to close the hearings on motions in limine and to suppress evidence in a case wherein Amanda Hamm and her boyfriend, Maurice LaGrone are charged with the drowning murder of Amanda’s children.
Legislation—Passed bills part 2: Domestic violence, drug crimes, firearms, sex offenders, conspiracy By Steve Baker Criminal Justice, December 2005 As these are only summaries of new legislation, the Public Act itself should be reviewed before reliance.
Case summaries By Lester Finkle, Brendan Max, & Attila Bogdan Criminal Justice, September 2005 Defendant challenged the constitutionality of questioning by officers about drugs and alcohol after he was stopped for a minor traffic offense and was issued a warning.
Legislation-Passed bills part 1: New offenses, amendments to existing offenses, and criminal procedure By Steve Baker Criminal Justice, September 2005 As these are summaries only, the Public Act itself should be reviewed before reliance. Engrossed bills passed one House; enrolled bills passed both Houses.
Effective jury waiver in criminal proceedings By Anthony Zecchin Young Lawyers Division, June 2005 The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state." 725 ILCS 5/102-15.
Case summaries By Jeff Chan & Attila Bogdan Criminal Justice, May 2005 Recent cases of interest.
Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 2 By Steve Baker Criminal Justice, May 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.
Another application of the 15-20-25-Life Provision held unconstitutional By Brendan Max Criminal Justice, April 2005 The 15-20-25-Life Provision cannot be used to enhance the penalty for a home invasion committed while the offender was merely in possession of a firearm.
Crawford at your fingertips Criminal Justice, April 2005 Crawford v. Washington was decided by the U.S Supreme Court on March 8, 2004.
Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 1 By Steve Baker Criminal Justice, April 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.
Effective jury waiver in criminal proceedings By Anthony Zecchin Young Lawyers Division, April 2005 The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state."
To sustain a conviction of a minor for aggravated criminal sexual abuse, State must prove conduct was motivated by sexual gratification By Brendan Max Criminal Justice, April 2005 Conduct between adults that is clearly for sexual arousal purposes may not be for such purposes when the parties involved are young minors.
Supreme Court decisions that the General Assembly may wish to consider Bench and Bar, March 2005 Recent cases that may warrant legislative action.
Growing area of concern: When is “not a conviction under this Act” a conviction? By Jack Carey General Practice, Solo, and Small Firm, February 2005 There are occasions when the general practitioner unwittingly finds a remedy for a client that would not have been suggested had the consequences been known.
Case note By Randall Rosenbaum Criminal Justice, January 2005 Citing its recent cases of People v. Atkinson,186 Ill.2d 450 (1999) and People v. Cox, 195 Ill.2d 378 (2001), the Illinois Supreme Court reaffirmed its rejection of mere-fact impeachment.
Case summaries By Patrick J. Morley Criminal Justice, January 2005 In People v. Synnott,, the defendant failed to comply with a police order to exit his car where the officer was conducting a traffic stop and subsequent investigation as to whether the defendant was driving under the influence of alcohol.
Supreme Court stresses “objective” nature of Miranda custody test: Young defendants suffer setback, but they have grounds for hope in Illinois By John Gleason Criminal Justice, January 2005 In a federal habeas corpus case, the United States Supreme Court has held that state courts reasonably apply its precedents when they decline to include a defendant's age among the factors relevant to whether the defendant was "in custody" for purposes of Miranda v. Arizona.
Can criminal defense attorneys give police reports to clients? By Randall Rosenbaum Criminal Justice, October 2004 Although it is a simple question, the answer is quite complex. In fact, there is no definitive answer. Just as many defense attorneys answer "yes" as answer "no."
Summer of 2004: Legislation of note By J.A. Sebastian Bench and Bar, October 2004 During the month of July 2004, while the Governor and legislators debated the state's budget, several legislative proposals became effective and their enactment into law may be of interest to members of the bench and bar. The
Whose dime is it, anyway? Or, who cares? By Matt Maloney Criminal Justice, October 2004 I was Bureau County Public Defender for almost 10 years.
Mandatory pre-sentence sex offender evaluation By Steve Baker Criminal Justice, June 2004 The enactment of P.A. 93-0616, effective Jan. 1, 2004, has prompted a vigorous discussion within the legal community.
Boardrooms and handcuffs-Not a pretty sight By Patrick Costello Corporate Law Departments, May 2004 With the recent corporate scandals at Enron, Tyco and WorldCom making front-page news, the sight of handcuffed corporate executives being escorted by armed federal marshals has become an all-too-common sight.
Dementia patients and the criminal justice system By John W. Foltz Elder Law, March 2004 What happens when the police respond to a report of domestic battery in which the perpetrator may have dementia?
Waived errors: Obtaining review of issues not preserved in the trial court By Kerry J. Bryson Criminal Justice, March 2004 on appeal, review is limited to those matters which appear in the trial record. Accordingly, a complete record is a precursor to meaningful appellate review.
Cases of note By Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, & J.A. Sebastian Bench and Bar, January 2004 Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 01 C 6329-Joan Humphrey Lefkow, Judge.

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