2005 Articles

Another application of the 15-20-25-Life Provision held unconstitutional By Brendan Max 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.

Case note By Randall Rosenbaum 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 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.

Case summaries By Lester Finkle, Brendan Max, & Attila Bogdan 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.

Case summaries By Jeff Chan & Attila Bogdan May 2005 Recent cases of interest.

Case summaries By Patrick J. Morley 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.

Crawford at your fingertips April 2005 Crawford v. Washington was decided by the U.S Supreme Court on March 8, 2004.

Crawford cancels hearsay exception for minor witnesses By Brendan Max April 2005 Accusatory statements by minor-witnesses made out of court may not be admitted as an exception to hearsay, and the statutory provision which authorized this practice is unconstitutional.

Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 1 By Steve Baker April 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.

Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 2 By Steve Baker May 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.

Editor’s note April 2005 This edition of the Criminal Justice Newsletter includes Steve Baker's legislative update

Help stop UPL: Read the Spreck case May 2005 Many members have contacted the ISBA legal department to discuss unauthorized practice of law issues.

Legislation-Passed bills part 1: New offenses, amendments to existing offenses, and criminal procedure By Steve Baker 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.

Legislation—Passed bills part 2: Domestic violence, drug crimes, firearms, sex offenders, conspiracy By Steve Baker December 2005 As these are only summaries of new legislation, the Public Act itself should be reviewed before reliance.

The right to remain silent during Terry stops: May a suspect be compelled to speak? By Brendan Max April 2005 Can the police arrest a person during a Terry stop for remaining silent when an officer demands to know the person's name?

Supreme Court stresses “objective” nature of Miranda custody test: Young defendants suffer setback, but they have grounds for hope in Illinois By John Gleason 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.

To sustain a conviction of a minor for aggravated criminal sexual abuse, State must prove conduct was motivated by sexual gratification By Brendan Max 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.