Criminal Justice

The newsletter of the ISBA’s Section on Criminal Justice

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2019 Articles

Bail reform—one year later By Kim D. Chanbonpin July 2019 A review of the changes in Illinois bail law one year after taking effect.
Case Note: People v. Drake By Steve Baker September 2019 A summary of People v. Drake, in which the court considered whether, in a double jeopardy sufficiency of evidence analysis, all evidence at trial—including improperly admitted evidence—should be considered when trial error justifies a remand for a new trial.
1 comment (Most recent September 23, 2019)
Case Note: People v. Encalado By Hon. Geri D’Souza September 2019 In People v. Encalado, the Illinois Supreme Court reversed the appellate court and ruled in favor of the trial judge’s decision denying the defense request of the court to ask the potential jurors during voir dire whether the evidence they would hear about the defendant’s solicitation of prostitutes would keep them from being fair to either side. 
Case Note: People v. Peterson By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff November 2019 The Illinois Supreme Court affirmed the lower court's first-degree murder conviction and sentence in People v. Peterson.
Case Summary: People v. Zimmerman By William Vig November 2019 In People v. Zimmerman, the Illinois Supreme Court reviewed a trial court’s ruling sealing two motions in limine until a jury was empaneled.
Criminal law practitioners beware: That supposed ‘non-conviction’ of supervision may count as a conviction under the federal sentencing guidelines By James A. Shapiro July 2019 The United States Sentencing Guidelines and Illinois supervision statute are at odds about whether supervision counts as a conviction.
Illinois appellate court issues major decision regarding de facto life sentences for intellectually disabled By Lori G. Levin February 2019 The appellate court extended the imposition of de jure and de facto mandatory and discretionary sentences to intellectually disabled adults in People of the State of Illinois v. William Coty.
Newsflash By Linda J. Watson March 2019 Practice tips and legal updates for criminal practitioners. 
1 comment (Most recent March 23, 2019)
An overview of mental health court By Ronald L. Lewis July 2019 Just over a decade ago, the Mental Health Court Treatment Act was passed to provide a problem-solving court for defendants whose mental illnesses were a major factor bringing them into contact with the criminal justice system.
Police officers’ training & defendants with mental health issues By Jessica Fangman February 2019 Despite the obvious need for sensitivity to mental health issues, law enforcement officers in Illinois are not required to attend crisis intervention or mental health awareness training.
The Smell of Cannabis & Legalization: What Is Probable Cause to Justify a Search? By Steve Baker September 2019 A look at what provides probably caused to justify a search of vehicle and its occupants.
SORA on appeal after People v. Bingham By Julia Kaye Wykoff & Mark Kevin Wykoff February 2019 The Illinois Supreme Court recently considered the constitutionality of the Sex Offender Registration Act in People v. Bingham.