Publications

Illinois Bar Journal

 

Subject IndexTitle IndexAuthor Index

Articles on Criminal Law and Procedure

In a murder case, when the age of the victim is proven beyond a reasonable doubt, the trial judge may consider aggravating factors in determining an appropriate sentence without violating Apprendi August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court upheld the defendant's extended-term sentence imposed by the trial court pursuant to section 5-8-2(a)(1) of the Unified Code of Corrections, 730 ILCS 5/5-8-2(a)(1) (1994).
Bill requiring DNA samples awaits Ryan’s signature By Helen W. Gunnarsson July 2002 LawPulse, Page 338 Prosecutors and criminal defense attorneys alike praise the legislation, which requires everyone convicted of a felony to provide DNA for a statewide database.
A criminal defendant’s guilty plea at trial waives all Apprendi-based sentencing challenges on appeal July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Illinois Supreme Court affirmed the decision of the appellate court and affirmed the defendant's extended-term sentence.
Legislation makes changes to criminal laws involving computer technology P.A. 92-0175 July 2002 Illinois Law Update, Page 344 New legislation signed into law by Gov. George H. Ryan helps in the fight against the spread of child pornography on the Internet and identifies the crime of cyberstalking. Public Act 92-0175 mandates the forfeiture of any computer containing a depiction of child pornography in any encoded or decoded format. 
Perspectives on death-penalty reform By Helen W. Gunnarsson July 2002 LawPulse, Page 338 A prosecutor and criminal defense attorney react to the recommendations of Governor Ryan's Commission on Capital Punishment.
When police observe a possible drug transaction, stop the defendant and receive garbled answers to questions, police have probable cause to order defendant to remove items from his mouth July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.
Defendant waived per se conflict with a knowing and intelligent waiver, even though his counsel’s firm represented a potential state witness at the time of the alleged criminal activity June 2002 Illinois Law Update, Page 288 On March 29, 2002, the Appellate Court of Illinois, First District, in this interlocutory proceeding, reversed the judgment of the trial court disqualifying defense counsel.
Legislation creates the criminal offense of dogfighting P.A. 92-0425 June 2002 Illinois Law Update, Page 288 Gov. Ryan signed into law House Bill 2440 on August 17, 2001, which amended the Humane Care for Animals Act and Criminal Code of 1961.
Legislation expands DNA testing P.A. 92-0040 June 2002 Illinois Law Update, Page 288 On June 29, 2001, Gov. Ryan signed House Bill 0452, which amends the Unified Code of Corrections.
Legislation increases the penalty for operating and maintaining an aircraft while under the influence of alcohol, drugs, or other controlled substances P.A. 92-0517 June 2002 Illinois Law Update, Page 288 On January 1, 2002, Gov. George H. Ryan signed into law Senate Bill 0647 to amend the Illinois Aeronautics Act, which increased the penalties for certain acts related to the operation and maintenance of an aircraft while under the influence of intoxicating liquor, a narcotic drug, or other controlled substances.
Repair or Repeal; Report of the Governor’s Commission on Capital Punishment By Thomas P. Sullivan June 2002 Article, Page 304 A summary by the commission co-chair of the most significant recommendations.
Availability of access to records of psychological treatment further narrowed May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.
“Exculpatory no” doctrine is not an exception to criminal liability for obstruction of justice May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the appellate court and held that, in a criminal prosecution for obstruction of justice, the "exculpatory no" doctrine is not a defense to criminal liability.
A First Response to Apprendi: 2001 Illinois Supreme Court Criminal Law Survey By James H. Reddy May 2002 Article, Page 254 The justices addressed a few issues raised by the U.S. Supreme Court's Apprendi ruling, but many remain.
Statements about a willingness to cooperate were not part of plea negotiations because the defendant did not have a subjective expectation of negotiating a plea with police detective May 2002 Illinois Law Update, Page 232 On February 6, 2002, the Appellate Court of Illinois, Fourth District, allowed the admission of defendant Beler's statements, over a vehement dissent by a fellow judge.
Legislation amends Crime Victims Compensation Act P.A.92-0427 April 2002 Illinois Law Update, Page 176 In August 2001, Gov. George H. Ryan approved two pieces of legislation amending the Crime Victims Compensation Act.
Legislation prohibits alcohol on public school property P.A. 92-0507 April 2002 Illinois Law Update, Page 176 Legislation recently signed into law by Gov. Ryan amends the Liquor Control Act of 1934 by providing that any person in possession of alcoholic liquor on public school district property during school days or at events on public school district property when children are present is guilty of a petty offense.
Once sufficient evidence establishes the affirmative defense of invitation, the burden shifts to the state to disprove the affirmative defense beyond a reasonable doubt April 2002 Illinois Law Update, Page 176 On January 10, 2002, the Appellate Court of Illinois, Fourth District, reversed the defendant's conviction for criminal trespass to real property under 720 ILCS 5/21-3(a).
Electronic surveillance regulations updated March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Department of State Police (department) adopted several amendments to section 1295 of the Illinois Administrative Code. 20 Ill Adm Code 1295.
Illinois Constitution does not provide a witness with a privilege against self-incrimination where there is a potential criminal prosecution against him by a foreign sovereign March 2002 Illinois Law Update, Page 120 On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.
Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514 March 2002 Illinois Law Update, Page 120 Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).
Legislation provides for funding of public defender salaries P.A. 92-508 March 2002 Illinois Law Update, Page 120 Legislation recently signed into law by Gov. George H. Ryan amends the Counties Code by requiring the state of Illinois to pay 66 2/3 percent of a public defender's annual salary in every county within the state.
Legislation reenacts portion of invalidated criminal law P.A. 92-502 March 2002 Illinois Law Update, Page 120 Gov. Ryan recently signed legislation reinstating the criminal law provisions of a law struck down by the Illinois Supreme Court in September of 2001.
Legislation turns a misdemeanor battery into a felony aggravated battery when committed in or near a domestic violence shelter P.A. 92-516 March 2002 Illinois Law Update, Page 120 In January, Gov. Ryan signed into law Senate Bill 175, which amended the Criminal Code of 1961 by making a misdemeanor offense of battery a felony offense of aggravated battery when the battery occurs in a building or other structure used to provide shelter or other services to domestic violence victims or the victims' dependent children.
Parents may be jailed for leaving child alone in a car P.A. 92-515 March 2002 Illinois Law Update, Page 120 Beginning June 1, 2002, parents may be subject to up to a year in jail or a $2,500 fine if they leave a child unattended in a car for an extended period of time.
Sex Offender Registration Act does not require juvenile offenders to register March 2002 Illinois Law Update, Page 120 On December 21, 2001, the Appellate Court of Illinois, Second District, reversed the trial court's decision requiring a juvenile to register as a sex offender.
Legislation creates the crime of cyberstalking P.A. 92-199 February 2002 Illinois Law Update, Page 66 In August, Gov. Ryan signed into law Senate Bill 233, which amended the Criminal Code of 1961 by creating the criminal offense of cyberstalking.
Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux By Michele M. Jochner February 2002 Article, Page 70 In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.
Will prosecutors pass on the Sexually Dangerous Persons Act? By Helen W. Gunnarsson January 2002 LawPulse, Page 10 Because of a recent Illinois Supreme Court decision, more state's attorneys will pass up the Sexually Dangerous Persons Act in favor of criminal prosecution, a downstate prosecutor opines.
Correspondence from Our Readers December 2001 Column, Page 614 Direct questioning by lawyers; the way it used to be.