Illinois Bar Journal

Articles on Criminal Law and Procedure

Section 11-20.1(f) of Illinois child pornography statute, including virtual children within the definition of “child,” unconstitutionally overbroad; sexually explicit computer depictions of actual children still validly prohibited under statute

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court held that section 11-20.1(f) of the Illinois child pornography statute, 720 ILCS 5/11.20.1(f) (2001).

Evidence admissible under eavesdropping statute if defendant acquiesced to monitoring; state’s use of glass-comparison evidence did not constitute plain error

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court upheld the defendant's conviction of murder in the first degree and of unlawful possession of a stolen or converted motor vehicle.

Expert witness testimony on eyewitness identification must be properly excluded on case-by-case basis; line-up photos marked by eyewitnesses allowed into jury deliberations

July
2003
Illinois Law Update
Page 332
On March 31, 2003, the Appellate Court of Illinois, First District, affirmed the judgment of the circuit court of Cook County convicting the defendant of first-degree murder and sentencing him to 35 years in prison.

Search and Seizure of E-Evidence in Illinois: Cybercrime and the Internet Frontier

By Rachel J. Hess
July
2003
Article
Page 344
A review of the search-and-seizure issues that arise in the investigation of Internet crimes.

Does People v Morgan Invite Wrongful Convictions?

By Larry R. Wells
June
2003
Article
Page 307
The author argues that the Morgan one-good-count rule turns any general guilty verdict into a potential due-process violation.

No statute of limitations on certain sex offenses P.A 92-0752

June
2003
Illinois Law Update
Page 280
In accordance with Illinois' recent creation of a DNA database, the legislature amended the list of crimes for which no statute of limitations applies to include any offense involving sexual conduct.

State violated Speedy Trial Act; delays attributable to defendant on contributing charge not attributable to defendant on murder charge filed 168 days later

June
2003
Illinois Law Update
Page 280
On April 3, 2003, the Illinois Supreme Court concluded that defendant Williams was deprived of a fair trial based on plain error.

A Guide to the Illinois Post-Conviction Hearing Act

By Kerry J. Bryson
May
2003
Article
Page 248
The Act allows prisoners to pursue claims neglected on direct appeal or based on facts not in the record.

Sentence in excess of maximum for involuntary manslaughter violates Apprendi, but subject to harmless error analysis where uncontradicted evidence in support of sentencing enhancement

May
2003
Illinois Law Update
Page 226
On February 6, 2003, the Illinois Supreme Court held that the sentencing court's imposition of an enhanced sentence for involuntary manslaughter based on a judicial finding was harmless error.

Trial court properly issued search warrant where, under totality of facts, affidavit would lead one of reasonable caution to believe defendant’s hair and blood samples would be relevant evidence of offense committed

May
2003
Illinois Law Update
Page 226
On February 5, 2003, the Appellate Court of Illinois, Fifth District, affirmed the order of the Circuit Court of Marion County convicting the defendant of home invasion and aggravated criminal sexual assault.

Double jeopardy does not bar second county from prosecuting defendant for different offense relating to same conduct underlying prior conviction

April
2003
Illinois Law Update
Page 168
On January 15, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County denying the defendant's motion to dismiss four of five counts of an indictment on grounds of double jeopardy.

Residential treatment program created for female offenders P.A. 92-0806

April
2003
Illinois Law Update
Page 168
Recent amendments to the Unified Code of Corrections, 730 ILCS 5/5 et seq., establish residential drug treatment programs for certain female offenders.

Section 9-3(b) of Criminal Code of 1961 is unconstitutional because it creates mandatory presumption of recklessness

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court affirmed the appellate court, and held that section 9-3(b) of the Criminal Code of 1961, 720 ILCS 5/9-3(b).

State must provide evidence of serious extent and nature of injury received by victim to meet burden of proof for aggravated battery

April
2003
Illinois Law Update
Page 168
On January 10, 2003, the Appellate Court of Illinois, First District, modified the order of the circuit court of Cook County finding the minor delinquent of aggravated battery and remanded the cause for resentencing consistent with the adjudication.

Admitting Other-Crimes Evidence: A Call for Change

By Brendan Max
March
2003
Article
Page 132
When can; and should; evidence that the defendant committed other crimes be admitted to help establish guilt of the crime charged?

Interstate compact for adult offenders P.A. 92-0571

March
2003
Illinois Law Update
Page 116
The Interstate Compact for Adult Offender Supervision provides for the control and regulation of the interstate movement offenders, the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states.

Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face

March
2003
Illinois Law Update
Page 116
On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.

Changes to penalties for heroin possession P.A. 92-0698

February
2003
Illinois Law Update
Page 62
Effective July 19, 2002, amendments to the Illinois Controlled Substances Act provide that the illegal manufacture.

Defendant’s mental retardation a relevant factor in determining whether statements made prior to custody and absent police misconduct voluntarily made

February
2003
Illinois Law Update
Page 62
On November 8, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County denying the defendant's motion to suppress statements made before the defendant was in custody and absent police misconduct.

Delinquency fees for unpaid court costs P.A. 92-0653

February
2003
Illinois Law Update
Page 62
Recent amendments to the Code of Criminal Procedure provide that, absent a court-ordered payment schedule.

Legislation creates offense of sexual conduct or sexual contact with animal and increases potential sentence for defendants who commit criminal offense of aggravated criminal sexual assault with dangerous weapon P.A. 92-0721

February
2003
Illinois Law Update
Page 62
On July 25, 2002, Gov. George H. Ryan signed into law House Bill 4926, which amends the Criminal Code of 1961 to do two separate things.

Legislation prohibits knowingly installing any object in lieu of vehicle’s air bag; P.A. 92-0809

February
2003
Illinois Law Update
Page 62
On August 21, 2002, Gov. George H. Ryan signed into law House Bill 4353, which amends the Criminal Code of 1961 to create the new criminal offense of knowingly installing any object in lieu of an air bag in a vehicle for compensation.

Legislation provides sentencing ranges for violations of Boat and Snowmobile Safety Acts; P.A. 92-0615

February
2003
Illinois Law Update
Page 62
On July 8, 2002, Gov. Ryan approved legislation amending the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act.

Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability

February
2003
Illinois Law Update
Page 62
On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.

Should Criminal Defendants be Required to Produce Handwriting Exemplars?

By David G. Duggan
February
2003
Article
Page 86
No, this author says.

Blind plea, blind justice?

By Helen W. Gunnarsson
January
2003
LawPulse
Page 8
Capital murder trials put a strain on county budgets, which has led to second-class justice in some cases, critics charge. But improvements in the capital litigation system are making a difference.

Child abduction statute and jury instructions did not require jury to consider mother’s knowledge of child’s whereabouts in determining father’s guilt; trial court did not abuse discretion in not providing jury with common definition of word “concealed”

January
2003
Illinois Law Update
Page 14
On October 22, 2002, the Appellate Court of Illinois, First District, affirmed the order of the circuit court of Cook County convicting the defendant of child abduction.

Code of Criminal Procedure Section 110-4(b) unconstitutional under article I, section 9 of Illinois Constitution

January
2003
Illinois Law Update
Page 14
On October 3, 2002, the Illinois Supreme Court held section 110-4(b) of the Code of Criminal Procedure, 725 ILCS 5/110-4(b), unconstitutional because it violated the guarantee of due process in article I, section 9 of the Illinois Constitution.

Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant

January
2003
Illinois Law Update
Page 14
On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .

Legislation requires members of clergy to report sexual abuse of children under Abused and Neglected Child Reporting Act P.A. 92-0801

January
2003
Illinois Law Update
Page 14
On August 16, 2002, Gov. George H. Ryan signed into law House Bill 5002, which amends the Abused and Neglected Child Reporting Act (ANCRA) and the Criminal Code of 1961.

Pages

Select a Different Subject