Section Newsletters

Articles on Criminal Law

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.
2003 significant criminal legislation By Steve Baker Criminal Justice, December 2003 NOTE: • 15-20-25 to life info: HB5652 from the 92d G.A. failed to pass in the December 2002 veto session
Redeploy Illinois By Betsy Clarke Child Law, December 2003 Redeploy Illinois is now law-providing a plan to develop local incentive funding to reduce juvenile commitments to corrections.
“Be it enacted…” By Matt Maloney Criminal Justice, September 2003 Many of the ISBA Section Councils spend a great deal of time each Spring reviewing new legislation that has been introduced in both the Illinois House and Senate.
People v. Blaylock By Sandra Blake Criminal Justice, September 2003 In 1993, the defendant, Camerun Blaylock, was charged with six counts of home invasion and five counts of first degree murder. 
People v. Jackson By Kimberly L. Dahlen Criminal Justice, September 2003 In a case of first impression, the Illinois Supreme Court reversed the trial and appellate courts, holding that, in a criminal bench trial, the State may not introduce evidence relating to a witness' polygraph test "for a limited purpose" if that purpose had not been established prior to the admission of the evidence.
Case summaries By Alfred M. Swanson, Jr. & Willis R. Tribler Bench and Bar, August 2003 People v. Terrell, 5-02-0367 (5th Dist. 6/11/2003) (Chapman, J.). Defendant was acquitted in a bench trial of attempted murder, but convicted of solicitation of murder.
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, June 2003 The defendant appealed his conviction on two counts of aggravated criminal sexual assault.
Food for thought—How far will we go? By Matt Maloney General Practice, Solo, and Small Firm, June 2003 Many of the ISBA Section Councils spend a great deal of time each spring reviewing new legislation that has been introduced in both the Illinois House and Senate.
Case law update Criminal Justice, May 2003 Danville police officers, while observing two females sitting in a pickup truck, noticed a bottle of beer in the center console. Suspecting underage drinking, they stopped to identify both individuals.
Enacted criminal legislation 2002: Part II By Steve Baker Criminal Justice, May 2003 Amends the Liquor Control Act of 1934. Provides that local liquor commissioners have the duty to report to the Secretary of State any conviction for a violation of the Act's provision, or a similar provision of a local ordinance, prohibiting a person under 21 from purchasing, accepting, possessing, or consuming alcoholic liquor and prohibiting the transfer or alternation of identification cards, the use of the identification card of another or a false or forged identification card, or the use of false information to obtain an identification card. 
One picture is worth a thousand words By Matt Maloney Criminal Justice, May 2003 This is a time-tested concept that everyone understands. In the New World of covert and surreptitious surveillance, you never know when you might be photographed or recorded on live camera.
Tackling violence: A comprehensive summary of the first World Health report on violence By Nicole Smith Alternative Dispute Resolution, May 2003 Each year, over one million people worldwide die as a result of violence. In 2000, 520,000 people were killed by acts of interpersonal violence alone.
Case summaries By Hon. Michael Kiley, Hon. Eddie Stevens, & Alfred M. Swanson, Jr. Bench and Bar, March 2003 The defendant was found guilty of driving under the influence of alcohol. On appeal, the defendant contended, inter alia, that it was error to allow the State to introduce evidence that the defendant refused to submit to breath alcohol testing by way of a portable breath test instrument (PBT).
Enacted criminal legislation 2002: Part One By Steve Baker Criminal Justice, February 2003 Amends the Criminal Code of 1961. Creates the offense of conspiracy against civil rights.
The lie detector as a psychological rubber hose By Bruce D. Locher Criminal Justice, February 2003 This article focuses not on the "custodial" aspects of any of the police and/or DCFS contacts with the accused, but rather the effect of taking and failing a polygraph test on the issue of voluntariness.
What should a jury know about a defendant’s prior convictions? By Patrick J. Hitpas General Practice, Solo, and Small Firm, February 2003 An apparent inconsistency has developed in what information a trial court should allow a jury to hear regarding a defendant's prior convictions.
What you see…is what you get By Matt Maloney Criminal Justice, February 2003 Ancient history (the 1960s) makes me think of this phrase often attributed to Flip Wilson and the great singing group The Dramatics. All defense lawyers face the specter of Strickland claims.  
People v. Henderson By Randall Rosenbaum Criminal Justice, December 2002 As a matter of first impression in the State, the Third District Appellate Court ruled it is error for a trial judge to refuse to exercise discretion in determining whether a plea should be accepted or rejected on its merits simply because an arbitrary plea deadline has passed.
Six-person juries in criminal cases By Steve Baker Criminal Justice, December 2002 The subject of six-person juries has recently come up in DuPage County. Several local private attorneys choose to utilize them.
Recent decisions of the Illinois Supreme Court By David P. Bergschneider Criminal Justice, August 2001 Defendant was convicted of two 1977 murders, and was sentenced to 40 to 80 years imprisonment.
Active bills—92nd General Assembly—2001 By Steve Baker Criminal Justice, July 2001 HB 10 Summary: IVC one-ear headset use authorized.
Impact of plea of guilty on civil proceedings By Mark Rouleau & Steve Baker Criminal Justice, April 2001 A plea is an admission of a party opponent. It is not conclusive in the civil litigation, however it is like a person saying at the time of the collision; "I'm sorry, I ran the red light."
Recent appellate court opinions in brief By Alfred M. Swanson, Jr. Bench and Bar, October 2000 What level of investigation is required to defeat an allegation of ineffective assistance of counsel?
Single subject rule challenges a compendium By Steve Baker Criminal Justice, September 2000 In recent years we have heard of repeated challenges to the use of "Christmas tree bills" by the Legislature.
Invasion of privacy in Illinois: time for change By Martin A. Dolan Young Lawyers Division, August 2000 Peeping Toms using binoculars and the like have always and unfortunately will continue to infest our world.

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