Arrest but no prosecution in Fourth of July flag burningBy Matthew HectorSeptember 2016LawPulse, Page 12The Champaign County State's Attorney explains her decision not to charge an Urbana man arrested for violating Illinois' unconstitutional but still on the books flag-desecration law.
DNA Evidence and the Confrontation Clause after People v. BarnerBy Julia Kaye WykoffAugust 2016Article, Page 36Supposed the prosecution's expert testifies about a lab report conducted by a scientist the state didn't call. Is the defendant's right to confront adverse witnesses violated? Not if the report was done for reasons other than proving the defendant's guilt.
The Limits on Disciplining Public Employee SpeechBy Joshua D. HermanApril 2015Article, Page 24Disciplining public-sector employees for speech that is insubordinate, inappropriate, or simply unwanted gives rise to complex legal issues. Here's a framework for analyzing them.
Citizen Tips and the Fourth AmendmentBy Rob ShumakerJuly 2014Article, Page 336More cases, including a new U.S. Supreme Court ruling, define whether a police investigatory stop based on a citizen tip is valid.
Silence as Self-Incrimination after Salinas v. TexasBy Robin B. MurphyApril 2014Article, Page 184After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.