Publications

Section Newsletter Articles on Criminal Law

Legislative update: From the governor’s office to the law office By Richard W. Zuckerman General Practice, Solo, and Small Firm, September 2011 Recently signed legislation that may have affect general practitioners.
A look at first offender deferred judgment By Joe Cataldo Bench and Bar, August 2011 ISBA’s proposal #97-20 proposes a first offender deferred judgment sentencing option for certain felony offenses.
Federal jury acquits in-house counsel of criminal charges arising from client’s response to government investigation By Lisa Simmons Corporate Law Departments, July 2011 A federal judge has acquitted a former in-house lawyer for GlaxoSmithKline of six criminal charges that she obstructed a federal investigation and made false statements to investigators.
The New U-Visa Regulations directly undermines Congressional intent to foster a better relationship between justice system and immigrant crime victims By Stavri Vako International and Immigration Law, July 2011 Each time a law enforcement agency refuses to sign a U-Visa certification, perpetrators of crimes against immigrants are not prosecuted. Immigrant victims who are willing to aid law enforcements in their investigations are blocked in their efforts by the lack of certification from obtaining relief under the Violence Against Women Act. Such result is not what Congress intended when it created the U-Visa Program.
Case notes By Hon. Richard D. Russo, Robert B. Anderson, and Lori G. Levin Criminal Justice, June 2011 A summary of recent cases of interest to criminal law practitioners.
Crimes involving moral turpitude: Do attempts count? By Mark E. Wojcik International and Immigration Law, June 2011 Section 237(a)(2)(A)(ii) of the Immigration and Nationality Act covers convictions for crimes involving moral turpitude but it does not expressly include attempt offenses.
So your client has given you physical evidence of a crime… By J. Randall Cox Traffic Laws and Courts, May 2011 On the one hand, the delivery to the attorney is a communication which the attorney is required to protect. (Rule 1.6) However, an attorney is not to unlawfully obstruct another party’s access to evidence. (Rule 3.4) How is this conflict resolved? The courts of Illinois do not appear to have directly addressed this.
Case notes By Hon. Kimberly L. Dahlen, Debra A. Seaton, Hon. Michael Kiley, Ava George Stewart, and Randall Rosenbaum Criminal Justice, April 2011 Recent decisions affecting criminal law in Illinois.
Case note By Kevin P. Nolan Criminal Justice, December 2010 A look at the recent Illinois Supreme Court case of People v. Phipps.
SENATE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, December 2010 Senate Bills passed by the Illinois General Assembly.
HOUSE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, November 2010 House Bills passed by the Illinois General Assembly.
Synopsis of statewide report on “Examining at-Risk and Delinquent Girls in Illinois” By Lori G. Levin Women and the Law, October 2010 Girls, both in Illinois and nationally, comprise the fastest growing population in the juvenile justice system. See the full report at www.icjia.state.il.us.
Victim-offender mediation: An alternative By Don C. Hammer Child Law, September 2010 During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.
Case note By David B. Franks Criminal Justice, August 2010 A look at the case of People v. Bridgewater, 235 Ill.2d 85 (2009).
The fine vs. fee conundrum By Stephanie Anders and Rob Shumaker Criminal Justice, August 2010 What are the differences between a fine and a fee, and why do those differences matter?
Case notes By Hon. James A. Shapiro, Greg Funfsinn, James Stern, and Lori G. Levin Criminal Justice, June 2010 Recently decided criminal cases.
Expungement reconsidered By Joshua D. Carter Human Rights, May 2010 What is expungement good for? Such records are not available to employers through the official channels and, perhaps more importantly, it is illegal under the Illinois Human Rights Act for an employer to consider any criminal history information which has been ordered expunged or sealed.
Expungement. What is it good for? (with apologies to Edwin Starr) By Thomas A. Bruno Human Rights, May 2010 Can a record ever really be expunged when material posted online can be searched in perpetuity?
Fraud Enforcement and Recovery Act of 2009 By Howard Z. Gopman Business and Securities Law, May 2010 A brief summary of the criminal and civil provisions of the Act.
Women in the criminal justice system—Justice delivered or denied? By E. Nicole Carrion Women and the Law, May 2010 A recap of the February CLE program sponsored by the Standing Committee on Women and the Law.
People of the State of Illinois v. Delvillar—The Illinois Supreme Court construes statute on guilty pleas of noncitizen criminal defendants facing deportation and other immigration consequences By Christina J. Murdoch, Kathryn R. Weber, and Scott D. Pollock International and Immigration Law, March 2010 The decision may not be as devastating to non-citizens as it seems on the surface.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, January 2010 House Bills from the 96th Illinois General Assembly
Case Notes By John J. Rekowski, Debra A. Seaton, and Jameika Mangum Criminal Justice, December 2009 Recent criminal law cases.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2009 Illinois Senate bills of interest to criminal law practitioners.
Case summaries By Robert B. Anderson, Steve Baker, Kevin P. Nolan, Marc D. Wolfe, and Jacqueline M. Aldrich Criminal Justice, October 2009 Recent cases of interest to criminal law attorneys.
Substance abuse—A perspective for use in plea bargaining By Ralph E. Guderian Criminal Justice, October 2009 In Illinois, if the defendant’s intoxicated or drugged condition was voluntarily produced, it cannot be raised as an affirmative defense during trial to avoid criminal responsibility for his or her conduct. However, during plea bargaining, 402 conferences, sentencing and the like, the defendant’s conduct can be considered as being the result of such use, abuse or dependence.
Criminal prosecution under the Occupational Safety and Health Act By MIchael R. Lied Labor and Employment Law, September 2009 Employers do not typically think about the possibility of criminal liability under the Occupational Safety and Health Act. However, Section 17(e) of the Act punishes any employer convicted of willfully violating any standard, rule, order or regulation prescribed pursuant to the Act, if that violation caused an employee’s death. 
Case summaries By Lori G. Levin, Steve Baker, David B. Franks, Hon. Michael P. McCuskey, Sandra Blake, George G. Leynaud, and Judith Lozier Criminal Justice, May 2009 Recent cases of interest to criminal law attorneys.
Case summaries By George D. Lenard, Hon. Daniel M. Locallo, John J. O’Gara Jr., and Ron Lewis Criminal Justice, April 2009 Recent cases of interest to criminal law attorneys.
“Cross-Section of Immigration and Criminal Law: Immigration Consequences of Criminal Offenses:” Upcoming CLE sponsored by the International and Immigration Law Council and co-sponsored by the Criminal Justice Council By Anne M. Skallerup International and Immigration Law, April 2009 The International and Immigration Law Council and the Criminal Justice Council have organized a Continuing Legal Education class intended to educate criminal defense and immigration attorneys who represent noncitizens of the impact that criminal offenses have on the immigration status of their clients.