Section Newsletter Articles on Criminal Law
Summer of 2004: Legislation of note
Bench and Bar
, October 2004
During the month of July 2004, while the Governor and legislators debated the state's budget, several legislative proposals became effective and their enactment into law may be of interest to members of the bench and bar. The
Cases of note
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
, 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
, 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.
People v. Henderson
, 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
, December 2002
The subject of six-person juries has recently come up in DuPage County. Several local private attorneys choose to utilize them.
Impact of plea of guilty on civil proceedings
, 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."
Passed bills*—91st General Assembly—2000
, 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
, 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
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
, 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
, March 1999
The history of the armed violence statute is replete with constitutional challenges.
Recent appellate court cases
, 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.