2003 Articles

2003 significant criminal legislation By Steve Baker December 2003 NOTE: • 15-20-25 to life info: HB5652 from the 92d G.A. failed to pass in the December 2002 veto session

“Be it enacted…” By Matt Maloney 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.

Case law update 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.

Editor’s column By Michelle A. Vescogni December 2003 Happy Holidays! I hope that you enjoy this edition of the Criminal Justice newsletter.

Editor’s column By Michelle A. Vescogni May 2003 This issue begins with Part II of Steve Baker's Legislative Update. Briefs on the latest important case law are also included.

Editor’s column By Michelle A. Vescogni February 2003 Thanks and kudos to Steve Baker, DuPage County Public Defender, for his efforts in creating the Legislative Update.

Enacted criminal legislation 2002: Part II By Steve Baker 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.

Enacted criminal legislation 2002: Part One By Steve Baker 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 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.

One picture is worth a thousand words By Matt Maloney 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.

People v. Blaylock By Sandra Blake 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 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.

What should a jury know about a defendant’s prior convictions? By Patrick J. Hitpas September 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 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.