2024 Articles

Bevis v. City of Naperville and the Current State of the Second Amendment By Benjamin Lawson March 2024 An overview of how we arrived at our present state of ambiguity about the second amendment’s scope and what the seventh circuit’s recent ruling in Bevis v. City of Naperville can tell us, if anything, about where we’re headed.

Case Note: In People v. Carter, the First District Appellate Court Determined That Before the Trial Court Concludes That No Less Restrictive Condition Short of Pretrial Detention Will Suffice, It Must Consider All Statutory Conditions That May Be Imposed By Hon. Geraldine D’Souza September 2024 The First District Illinois Appellate Court case, People v. Carter, requires trial courts to consider every possible alternative to detention before imposing such an order.

Criminal Justice Section Council Contributions By Julia Kaye Wykoff July 2024 A summary of the impact the Criminal Justice Section Council has made to the Illinois State Bar Association and statewide criminal law community over the past few years.

Editors’ Column: Pretrial Fairness - One Year Later By Mark Kevin Wykoff, Sr. September 2024 A note from Co-Editor Mark Kevin Wykoff, Sr. on the one-year anniversary of the Pretrial Fairness Act.

Guilty Pleas Following People v. Wells By Hon. Randy Rosenbaum July 2024 The Illinois Supreme Court considered whether a defendant is entitled to additional jail credit after a negotiated plea in People v. Wells.

Implementation of the Pretrial Fairness Act in Southern Illinois: Observations from the Ground Level By Tom Beley September 2024 A qualitative analysis of the Pretrial Fairness Act's implementation.

Is Silence an Admission? By Terrence Wallace March 2024 In People v. Pinkett, the Illinois Supreme Court recently held that a defendant’s post arrest silence was neither material nor relevant to show consciousness of guilt.

1 comment (Most recent March 18, 2024)

Judicial Notice and Expert Testimony By Alan Downen July 2024 In People v. Heineman, the Illinois Supreme Court held that administrative regulations have the force and effect of law, not fact, meaning that when a circuit court takes judicial notice of an Illinois administrative rule it accepts that rule’s existence but not its truth.

Pretrial Fairness Act Statutory Construction: Release of Defendants with Pending Petitions to Revoke Sentence By Hon. Joseph Pedersen September 2024 The Pretrial Fairness Act has fundamentally changed how courts address pretrial detention and release for individuals charged with new offenses, but it also limits the court’s authority to detain defendants with pending petitions to revoke their sentences.

Reimagined Incarceration: Rehabilitation, Restoration and Re-Entry, the Pillars of Kewanee Life Skills Re-Entry Center By Kristine Honiotes July 2024 Kewanee Life Skills and Re-Entry Center accomplishes what it sets out to achieve: Preparing inmates for post-incarceration life.

A Safety Issue: How the SAFE-T Act Really Does Violate the Bail Clause By Evan Bruno September 2024 The implications of the SAFE-T Act on the bail clause.

Tweaking the Pretrial Fairness Act: Amendments to Supreme Court Rules for Appealing Pretrial Release or Detention Decisions By Professor Paul Cain September 2024 A look at how the Pretial Fairness Act's appeal process works after the Illinois Supreme Court amended rules and adopted recommendations.

Voluntary Intoxication to Negate Specific Intent? People v. Grayer Gives the Green Light By Mark Kevin Wykoff, Sr. March 2024 The Illinois Supreme Court recently considered whether evidence of voluntary intoxication is relevant to the issue of intent given that the legislature amended section 6-3 of the Criminal Code of 1961, removing voluntary intoxication as an affirmative defense