Illinois Bar Journal

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Articles on Criminal Law and Procedure

A prosecutor’s closing argument which refers to defendant’s failure to testify and tries to shift the burden of proof justifies reversal where evidence of guilt is not overwhelming January 2001 Illinois Law Update, Page 14 On October 31, 2000, the first district of the Appellate Court of Illinois reversed the defendant's conviction for armed robbery on his claim that he was denied his right to a fair trial as a result of improper prosecutorial remarks during closing arguments.
Habeas corpus relief may be granted where defense counsel fails to object to identification tainted by the state’s suggestive procedures and which lacks independent reliability December 2000 Illinois Law Update, Page 690 On October 12, 2000, the seventh circuit court of appeals ruled that the district court erred in dismissing defendant's habeas corpus petition based on the finding that his trial counsel was not ineffective.
Law permits seizure and disposition of gang property - P.A. 91-876 December 2000 Illinois Law Update, Page 690 Beginning next year, Illinois law enforcement officials will have an additional incentive to identify members of streetgangs.
The Lawyer’s Journal By Bonnie C. McGrath December 2000 Column, Page 686 Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.
Legislation shifts burden of proof—P.A. 91-770 December 2000 Illinois Law Update, Page 690 Persons found not guilty by reason of insanity will bear the burden of proving that they are well enough to leave a secure mental hospital under an amendment to the Uniform Code of Corrections.
New hearsay exception for “safe zone testimony” ; P.A. 91-899 December 2000 Illinois Law Update, Page 690 Under a recent change to the Illinois Code of Criminal Procedure, certain hearsay evidence will soon be admissible in some circumstances.
Appeals from Plea Agreements: New Rules Clarify the Law By James G. Fahey November 2000 Article, Page 642 Effective November 1, the Illinois Supreme Court amended Rules 604 and 605 to clear up the confused law of plea-agreement appeals. Read all about it.
Criminal trespass to residence now felony in some circumstances; P.A. 91-895 November 2000 Illinois Law Update, Page 624 As a result of a new Illinois law, the Illinois State Police established a pilot program aimed at testing technology designed to measure driver impairment caused by alcohol or other drug use.
Defendant must face custodial interrogation to effectively invoke Miranda right to counsel November 2000 Illinois Law Update, Page 624 On September 21, 2000, the Supreme Court of Illinois ruled that the trial court did not err in refusing to suppress a confession given by the defendant while in custody on a murder charge.
Harassing and Obscene Communications Act amended; P.A. 91-878 November 2000 Illinois Law Update, Page 624 First-time offenders that place harassing telephone calls are normally guilty of a Class B misdemeanor, and repeat offenders face a minimum of 14 days in jail or 240 hours of public service work.
The Lawyer’s Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Certain sex offenders prohibited from living near schools; P.A. 91-911 October 2000 Illinois Law Update, Page 563 Although no sex offender will be forced to move from his or her home, certain offenders will no longer be allowed to reside near certain protected areas under a new Illinois law signed by Gov. George H. Ryan.
Dissemination of secret videotapes or photographs now a Class 4 felony P.A. 91-910 October 2000 Illinois Law Update, Page 563 Knowingly videotaping or photographing persons in locker rooms, changing rooms, or hotel bedrooms will soon be a Class A misdemeanor under a new amendment to the Criminal Code.
Impeaching Jury Verdicts for Juror Misconduct and Prejudicial Influence By Hon. Denise M. O’Malley October 2000 Article, Page 568 A judge's perspective on how courts do—and should—respond to alleged juror misconduct and prejudice.
The Lawyer’s Journal By Bonnie C. McGrath October 2000 Column, Page 560 The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.
Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion By Michele M. Jochner October 2000 Article, Page 576 Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.
Sex offender registration October 2000 Illinois Law Update, Page 563 On June 19, 2000, the Illinois Department of State Police (department) adopted amendments and a new section to section 1280 of the Illinois Administrative Code. 20 Ill Adm Code 1280.
Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888 October 2000 Illinois Law Update, Page 563 Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.
Sexually Violent Persons Commitment Act amended; P.A. 91-875 October 2000 Illinois Law Update, Page 563 The number of persons considered "sexually violent" may increase as a result of recent changes to the Sexually Violent Persons Commitment Act.
Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871 September 2000 Illinois Law Update, Page 500 The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.
Enforcing Orders of Protection Across State Lines By Celia Guzaldo Gamrath August 2000 Article, Page 452 Is your client protected when she crosses state lines with an order of protection? Read and find out.
The Lawyer’s Journal By Bonnie C. McGrath August 2000 Column, Page 434 You still have the right to remain silent; UPL and in-house counsel; and more.
Trial court did not improperly dismiss potential juror in death penalty case August 2000 Illinois Law Update, Page 438 On June 15, 2000, the Illinois Supreme Court affirmed first degree murder, attempted murder, and armed robbery convictions against Paris D. Sims, as well as a death sentence ordered by the circuit court of St. Clair County.
Background checks for licensed exempt child care providers July 2000 Illinois Law Update, Page 380 On April 5, 2000, the Illinois Department of Human Services adopted emergency amendments to section 50 of the Illinois Administrative Code. 89 Ill Adm Code 50.
The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions By Tod A. Lewis July 2000 Article, Page 392 Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.
The Lawyer’s Journal By Bonnie C. McGrath June 2000 Column, Page 308 Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.
Neighborhood Services Act compromise finally reached June 2000 Illinois Law Update, Page 310 During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.
Racial profiling study rejected; H.B. 3911 June 2000 Illinois Law Update, Page 310 House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.
Relevant Conduct and the Law of Conspiracy By David G. Duggan June 2000 Article, Page 351 The problems posed by the federal sentencing guidelines for defendants charged with liability for the criminal acts of others.