Publications

Section Newsletter Articles on Criminal Law

Cases of note By Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, and J.A. Sebastian Bench and Bar, January 2004 Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 01 C 6329-Joan Humphrey Lefkow, Judge.
People v. Jackson By Kimberly L. Dahlen Criminal Justice, September 2003 In a case of first impression, the Illinois Supreme Court reversed the trial and appellate courts, holding that, in a criminal bench trial, the State may not introduce evidence relating to a witness' polygraph test "for a limited purpose" if that purpose had not been established prior to the admission of the evidence.
Enacted criminal legislation 2002: Part II By Steve Baker Criminal Justice, May 2003 Amends the Liquor Control Act of 1934. Provides that local liquor commissioners have the duty to report to the Secretary of State any conviction for a violation of the Act's provision, or a similar provision of a local ordinance, prohibiting a person under 21 from purchasing, accepting, possessing, or consuming alcoholic liquor and prohibiting the transfer or alternation of identification cards, the use of the identification card of another or a false or forged identification card, or the use of false information to obtain an identification card. 
Enacted criminal legislation 2002: Part One By Steve Baker Criminal Justice, February 2003 Amends the Criminal Code of 1961. Creates the offense of conspiracy against civil rights.
People v. Henderson By Randall Rosenbaum Criminal Justice, December 2002 As a matter of first impression in the State, the Third District Appellate Court ruled it is error for a trial judge to refuse to exercise discretion in determining whether a plea should be accepted or rejected on its merits simply because an arbitrary plea deadline has passed.
Six-person juries in criminal cases By Steve Baker Criminal Justice, December 2002 The subject of six-person juries has recently come up in DuPage County. Several local private attorneys choose to utilize them.
Recent decisions of the Illinois Supreme Court By David P. Bergschneider Criminal Justice, August 2001 Defendant was convicted of two 1977 murders, and was sentenced to 40 to 80 years imprisonment.
Active bills—92nd General Assembly—2001 By Steve Baker Criminal Justice, July 2001 HB 10 Summary: IVC one-ear headset use authorized.
Impact of plea of guilty on civil proceedings By Mark Rouleau and Steve Baker Criminal Justice, April 2001 A plea is an admission of a party opponent. It is not conclusive in the civil litigation, however it is like a person saying at the time of the collision; "I'm sorry, I ran the red light."
Recent appellate court opinions in brief By Alfred M. Swanson, Jr. Bench and Bar, October 2000 What level of investigation is required to defeat an allegation of ineffective assistance of counsel?
Single subject rule challenges a compendium By Steve Baker Criminal Justice, September 2000 In recent years we have heard of repeated challenges to the use of "Christmas tree bills" by the Legislature.
Invasion of privacy in Illinois: time for change By Martin A. Dolan Young Lawyers Division, August 2000 Peeping Toms using binoculars and the like have always and unfortunately will continue to infest our world.
Passed bills*—91st General Assembly—2000 By Steve Baker Criminal Justice, June 2000 SB 730 Summary: Representation by counsel. In a juvenile proceeding, a minor who was under 13 years of age at the time of the commission of an act that if committed by an adult would be a violation of section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 must be represented by counsel during the entire custodial interrogation of the minor.
Single subject rule challenges By Steve Baker Criminal Justice, April 2000 Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject. Ill. Const. 1970, Art. IV, sec. 8(d).
Criminal law practice tips By Matt Maloney General Practice, Solo, and Small Firm, October 1999 Lawyers, present company included, seem to forget ongoing admonitions from the Supreme Court when dealing with routine situations. While this may be a case of the "we always do things that way" attitude, the cost to the system continues to rise.
Passed bills - 91st General Assembly - 1999 By Steve Baker Criminal Justice, September 1999 1) HB 41 Summary: Adopts FRE 807 - residual hearsay rule - for deceased persons. Limited to statements under oath at a prior trial, hearing, or other proceeding [ex. grand jury]. Imm. eff. date.
Armed violence issues By Steve Baker Criminal Justice, March 1999 The history of the armed violence statute is replete with constitutional challenges.
From the Illinois Supreme Court Criminal Justice, January 1999 Recent cases of interest to Criminal Law practitioners.
Recent appellate court cases By David P. Bergschneider and Donald R. Parkinson Criminal Justice, January 1999 The Fourth District reversed the trial court's granting of the defendant's motion to suppress. The defendant was the backseat passenger in a vehicle which failed to completely stop at a stop sign.