Illinois Bar Journal


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Articles on Criminal Law and Procedure

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.
Silence as Self-Incrimination after Salinas v. Texas By Robin B. Murphy April 2014 Article, Page 184 After 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.
Revestment doctrine exists but rarely applies, high court rules By Janan Hanna March 2014 LawPulse, Page 114 The revestment doctrine lets a trial court be "revested" with jurisdiction even though the litigants failed to file post-trial motions. In People v. Bailey, the supreme court affirmed but strictly narrowed the doctrine.
Collateral Consequence Considerations for Illinois Practitioners after Padilla v. Kentucky By Angela Rollins February 2014 Article, Page 76 Deportation isn't the only important collateral consequence of pleading guilty that looms for Illinois lawyers and their clients. Here's a look at the evolving law.
Family members no longer exempt from prosecution for aiding fugitive. PA 097-0741 July 2013 Illinois Law Update, Page 336 Any individual over the age of 18 is now guilty of a Class 4 felony if he or she actively "aids or assists" a criminal offender in escaping a jurisdiction in which the offender "is to be arrested, charged, or prosecuted."
Illinois lawmakers revive overturned armed robbery sentencing enhancement By Adam W. Lasker July 2013 LawPulse, Page 330 After the high court held a sentencing enhancement unenforceable because its penalty was tougher than that of a second law with the same elements, lawmakers changed the elements of the second law and thereby revived the first.
A Guide to the Confrontation Clause By Geoffrey Burkhart June 2013 Article, Page 304 When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.
No double jeopardy though jurors were sworn, high court rules By Adam W. Lasker June 2013 LawPulse, Page 278 The Illinois Supreme Court ruled in Martinez that, even though the jury was already empanelled, the defendant was not in jeopardy because the state stood silently by and presented no evidence.
Illinois high court affirms criminal contempt convictions of E2 nightclub owners By Adam W. Lasker May 2013 LawPulse, Page 222 The Illinois Supreme Court reversed a ruling that vacated criminal contempt convictions against the owners of a Chicago nightclub where 21 people were killed in a stampede.
SCOTUS rules warrantless dog-sniff search of home unconstitutional By Adam W. Lasker May 2013 LawPulse, Page 222 Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.
Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris By David J. Robinson April 2013 Article, Page 194 In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.
Arguing Witness Credibility at Closing After People v. Adams By Jill Ausdenmoore February 2013 Article, Page 92 In Adams, the Illinois Supreme Court reemphasized that prosecutors' commentary on witness credibility at closing must be based on the evidence.
New limitations on possession of methamphetamine precursors. PA 097-1008 January 2013 Illinois Law Update, Page 16 The General Assembly has added a new section to the Methamphetamine Control and Community Protection Act. 720 ILCS 646/120 new.
Clerk to furnish lists of moving violations involving taxi drivers. PA 097-1062 December 2012 Illinois Law Update, Page 632 A new section of the Taxi Safety Act of 2007 now requires that, when vehicle citation records are not readily available for a particular taxi or registered taxi driver, the appropriate circuit-court clerk must provide a list of moving violations, if any, to a governmental unit upon request. 625 ILCS 55/15 new.