Illinois Bar Journal


Subject IndexTitle IndexAuthor Index

Articles on Criminal Law and Procedure

Weapons Restrictions and the Second Amendment: Illinois Law After Aguilar By Jill Ausdenmoore March 2016 Article, Page 34 What parts of the aggravated unlawful use of a weapon statute are still valid after Aguilar and its progeny? A look at the current state of Illinois law.
Circuit court does not have power to dismiss case for want of prosecution when State does not appear for 15 minutes February 2016 Illinois Law Update, Page 18 On December 4, 2015, the Fourth District Appellate Court reversed the circuit court's dismissal of traffic charges against defendant Alberto Lopez.
New restrictions on vendors seeking debt collection from crime victims February 2016 Illinois Law Update, Page 18 Under this new section in the Crime Victims Compensation Act ("CVCA"), new restrictions have been placed on vendors seeking to collect debts from crime victims.
When Is Identity Evidence Unsuppressible in a Criminal Case? By Charles P. Burns and Michael Conte February 2016 Article, Page 40 Does a stop's illegality taint the evidence obtained from it? A Fourth Amendment debate in the federal courts could spill over into Illinois criminal cases.
Ending the One-Man Show-Up By Brendan Max December 2015 Article, Page 36 In a show-up, police bring a suspect back to the scene for a witnesses i.d. This article discusses its inherent risks and suggests that face-recognition technology may offer an alternative.
Pacesetting police body camera law takes effect January 1 By Matthew Hector December 2015 LawPulse, Page 12 The sweeping legislation also expands police officer training beyond the academy, bans chokeholds, and clarifies that citizens may film police officers, among other changes.
Cook County Drug Analysis Field Test Pilot Program initiated November 2015 Illinois Law Update, Page 20 The Cook County Drug Analysis Field Test Pilot Program has been initiated.
Proposed amendments to Criminal Code of 2012 expand definition of sexual orientation November 2015 Illinois Law Update, Page 20 The "Hate Crime," "Institutional Vandalism," and "factors in aggravation and extended-term sentencing" sections of the Criminal Code of 2012 (the "Criminal Code") have been amended.
Report: State police crime lab’s toxicology testing methodology flawed By Matthew Hector November 2015 LawPulse, Page 14 According to a news report and a criminal defense lawyer, internal audits of the Illinois State Police crime lab's toxicology section reveal fundamental problems with the section's testing methodology.
Aggravated unlawful use of a weapon statute’s FOID card and minor provisions are severable from its unconstitutional provisions October 2015 Illinois Law Update, Page 18 On July 13, 2015, the Illinois Supreme Court held that sections 24-1.6(a)(1), (a)(3)(A), and (d)(2) of the aggravated unlawful use of a weapon ("AUUW") statute are unconstitutional.
For Traffic Stops, Ignorance of the Law Can Be an Excuse By Rob Shumaker September 2015 Article, Page 38 Recent cases from the United States and Illinois Supreme Courts hold that an officer's objectively reasonable mistake of law can justify a traffic stop.
Possession of a firearm and ammunition deemed separate offenses September 2015 Illinois Law Update, Page 18 On February 20, 2015, the supreme court held that the unlawful use of weapons ("UUW") by a felon statute authorizes the State to charge the possession of a firearm and the possession of ammunition as separate offenses.
Proposed rule would require prosecutors to reveal post-conviction exculpatory evidence By Matthew Hector September 2015 LawPulse, Page 12 Under a proposed change to the Rules of Professional Conduct, Illinois prosecutors would have to disclose credible post-conviction evidence that a person found guilty is in fact innocent.
Record of an arrest based on mistaken identity may be disposed of by State or Local Records Commission September 2015 Illinois Law Update, Page 18 This bill would amend both the State Records Act and Local Records Act in regard to procedures for destruction of arrest records for arrests based on mistaken identity.
Bill would decriminalize pot possession, tie DUI to impairment By Matthew Hector June 2015 LawPulse, Page 10 HB 218 would lower the penalty for possessing small amounts of marijuana to a fine and change DUI law so that drivers could no longer be charged for registering only trace amounts of cannabis.
Defendant obtains dashcam recordings through FOIA request By Matthew Hector June 2015 LawPulse, Page 10 After police said dashcam videos of a traffic-related marijuana arrest didn't exist, the defendant announced he already had them. How? He got them in response to a FOIA request.
When ‘Or’ Means ‘And’: A Trap for Criminal Appeals By Timothy J. Ting June 2015 Article, Page 40 Criminal defense lawyers who appeal judgments entered after guilty pleas must certify that they have consulted their client about claims of error in both the guilty plea and sentence.
Increased access to individual criminal history transcripts May 2015 Illinois Law Update, Page 16 Where before only law enforcement and correctional facilities could provide individuals with their criminal history transcripts, a new rulemaking by the Department of State Police allows licensed fingerprint vendors to provide this service for a fee.
Criminal justice reform commission seeks to shrink prison population By Matthew Hector April 2015 LawPulse, Page 10 Governor Rauner's Commission on Criminal Justice and Sentencing Reform has a goal of reducing the population of Illinois' overcrowded prisons by 25 percent over 10 years.
The Mandatory Criminal Fines Conundrum By Jennifer Donnelly and Steve Dellinger April 2015 Article, Page 28 Judges typically rely on the circuit clerk to determine mandatory fines, but the clerk often goes further and actually imposes them, which makes the fines void. This article proposes some solutions.
Ignorance of the law - an excuse after all? By Matthew Hector February 2015 LawPulse, Page 12 The Supreme Court ruled that a "reasonable mistake of law" can provide reasonable suspicion to justify a traffic stop. Are police being held to a lower standard than ordinary citizens?
Court-mandated risk assessment evaluation January 2015 Illinois Law Update, Page 16 While setting bail and the conditions of release under the Code of Criminal Procedure of 1963, the court may order a risk assessment evaluation for a respondent facing any of the following charges:
E-filing comes to criminal court By Matthew Hector December 2014 LawPulse, Page 566 Effective last September, the Illinois Supreme Court expanded its electronic filing standards to include criminal and traffic cases.
Expanding recording of custodial interrogation, improving eyewitness ID By Matthew Hector December 2014 LawPulse, Page 566 Last year, more crimes were added to the list requiring recording of custodial interrogations, and the criminal code will soon change to reduce the risk of mistaken eyewitness identification.
A Quick Guide to Clearing Criminal Records in Illinois By Wayne Brucar December 2014 Article, Page 586 A criminal record can be an insurmountable hurdle for job-seeking clients in a tough market. Here's how you can help them move beyond their criminal pasts.
When Criminal Evidence Goes Missing By Colby G. Hathaway October 2014 Article, Page 490 What happens when police destroy evidence or prosecutors don't disclose it? This article explains when defendants can claim due process violations and seek discovery sanctions.
The U.S. Supreme Court Says ‘No’ to Cell-Phone Searches Incident to Arrest By David J. Robinson September 2014 Article, Page 438 The Riley court established a rare bright-line rule under the Fourth Amendment when it declared that data searches of cell phones - regardless of type - are unlawful incident to arrest.
Citizen Tips and the Fourth Amendment By Rob Shumaker July 2014 Article, Page 336 More cases, including a new U.S. Supreme Court ruling, define whether a police investigatory stop based on a citizen tip is valid.
A Practitioner’s Guide to Illinois’ Speedy-Trial Statute By Jill Ausdenmoore June 2014 Article, Page 284 Find out what the cases say about how to calculate a defendant's speedy-trial period.
Aggravated battery of a nurse May 2014 Illinois Law Update, Page 220 The Criminal Code of 2012 has been amended by adding another aggravated battery offense.