Illinois Bar Journal


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Articles on Criminal Law and Procedure

Human research subjects protected December 2001 Illinois Law Update, Page 624 On September 17, 2001, the Illinois Criminal Justice Information Authority (Authority) adopted additions to section 1580 of the Illinois Administrative Code. 20 Ill Adm Code 1580.
New DUI, Traffic Laws Stiffen Penalties By Larry A. Davis December 2001 Article, Page 651 Three new acts increase the penalty for driving while revoked and DUI offenses.
Allowing Child Victims’ Hearsay under Section 115-10: A Critical Analysis By Hon. Robert W. Cook and William Siebers November 2001 Article, Page 582 A critical look at the statute from a justice of the fourth district appellate court.
Failure of jury instructions to specify a finding on quantity of drugs, while erroneous, was harmless error given the overwhelming evidence supporting the sentence November 2001 Illinois Law Update, Page 568 On September 7, 2001, the seventh circuit court of appeals affirmed the defendant's convictions for several drug-related possession and distribution charges and his prison sentence of 468 months.
Law provides guidelines to establish drug courts; P.A. 92-058 November 2001 Illinois Law Update, Page 568 In some Illinois jurisdictions, nonviolent drug offenders have the option of participating in "drug court" rather than going to jail.
Apprendi and Extended-Term Sentencing: When Must the Jury Decide? By David Stevens October 2001 Article, Page 520 A review of the latest Illinois cases, with a focus on consecutive sentences and retroactive application.
Follow-up to preservation of evidence legislation P.A. 92-459 October 2001 Illinois Law Update, Page 516 When Gov. Ryan signed P.A. 91-871 (governing evidence retention) in June of 2000, he expressed concerns with a number of provisions in the law including overbroad application to all physical evidence, arbitrary time limits for retention of evidence and unclear guidelines for the court in granting requests for early disposition of evidence.
“Kelley’s Law” strengthens penalties for selling club drugs P.A. 92-256 October 2001 Illinois Law Update, Page 516 Gov. George H. Ryan approved legislation in August that will place ecstasy and other "club drugs" on par with controlled substances such as cocaine, heroin, morphine, methamphetamines, and LSD.
Legislation narrows application of intoxication defense P.A. 92-466 October 2001 Illinois Law Update, Page 516 New legislation makes it more difficult for defendants to invoke the intoxication defense.
Voir Dire: Do Parties Have an Absolute Right to Directly Question Prospective Jurors? By Scott D. Lane October 2001 Article, Page 535 In first district civil cases, the answer is yes -- as long as the questioning is "reasonable."
Closed-Circuit Television and Defendants’ Rights in Criminal Courtrooms By Carrie Marche and Jennifer Aiton September 2001 Article, Page 487 The new technology saves money, but does it undermine defendants' constitutional rights?
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
Attorney-client privilege waived when police reports, containing allegedly privileged statements, were given to testifying expert witnesses; Apprendi concerns are not implicated by court’s imposition of consecutive sentences August 2001 Illinois Law Update, Page 398 On June 1, 2001, the Illinois Supreme Court affirmed defendant Michael Wagener's convictions. Wagener appealed his convictions for murder and concealment of homicidal death on two grounds.
Challenging Blood Tests in DUI Prosecutions By Hon. Sheldon A. Harris August 2001 Article, Page 425 A step-by-step guide for the defense.
The Lawyer’s Journal By Bonnie C. McGrath August 2001 Column, Page 394 Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.
Convicted felons would have to give up weapons and FOID cards under proposed legislation; S.B. 1065 July 2001 Illinois Law Update, Page 342 The General Assembly approved a new gun control measure that would require convicted felons to surrender their guns and Firearm Ownership Identification Cards before going to prison.
General Assembly approves expanded application of the death penalty; H.B. 1812 July 2001 Illinois Law Update, Page 342 The General Assembly recently approved a measure that will make perpetrators of gang-related murders eligible for the death penalty.
The Lawyer’s Journal By Bonnie C. McGrath July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.
Creation of the Career Criminal Justice Attorney Retention Act; H.B. 3563 June 2001 Illinois Law Update, Page 286 The Career Criminal Justice Attorney Retention Act would provide annual education expenses stipends to eligible assistant state's attorneys, assistant public defenders, assistant appellate defenders, assistant appellate prosecutors, nonsupervisory legal aid attorneys, and assistant attorneys general.
Criminal Accountability and “Mere Presence” in Illinois By Brendan Max May 2001 Article, Page 248 A look at the many recent cases where convictions based on accountability were reversed by a reviewing court.
Evidentiary hearing was necessary in death penalty appeal to determine whether the state would have exercised a peremptory challenge in the absence of gender-related motivations May 2001 Illinois Law Update, Page 230 On March 2, 2001, the Illinois Supreme Court reversed the circuit court's dismissal of the defendant's post-conviction petition filed in a death penalty case.
The Lawyer’s Journal By Bonnie C. McGrath May 2001 Column, Page 226 Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.
Proposed legislation would toughen penalties for hate crimes; H.B. 0136 May 2001 Illinois Law Update, Page 230 The Illinois House of Representatives has approved legislation that would toughen the state's stance against hate crimes.
2000 Illinois Supreme Court Criminal Survey: Guilty-Plea Appeals Redux By James R. Reddy April 2001 Article, Page 190 The court reviewed a remarkable 45 death-penalty cases and cleared up confusion about guilty-plea appeals.
91st General Assembly passes, governor signs “quick fix” to sentence-enhancing deficiencies; P.A. 91-0953 April 2001 Illinois Law Update, Page 170 Citing a recent Supreme Court opinion, Illinois criminal defendants have successfully argued for a reduction in court-imposed sentences where the length of sentence was based on certain factors not proven during their trial.
Aliens, Guilty Pleas, and the Risk of Deportation: Time for Legislative Action By Moira K. Moran and Patrick M. Kinnally April 2001 Article, Page 194 The authors recommend that the General Assembly require judges to admonish noncitizen defendants that they could be deported if they plead guilty.
Appendix April 2001 Column, Page 209 (U) decided without dissent
The Illinois law prohibiting the unauthorized possession of weapons on public property is not unconstitutionally vague, nor does it violate separation of powers principles April 2001 Illinois Law Update, Page 170 On February 16, 2001, the Illinois Supreme Court reversed the appellate court's finding that § 21-6 of the Criminal Code of 1961, 720 ILCS 5/21-6, was unconstitutional.
The Lawyer’s Journal By Bonnie C. McGrath April 2001 Column, Page 166 Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.
Proposed legislation attempts to curb racial profiling in traffic stops; H.B. 805 April 2001 Illinois Law Update, Page 170 Under legislation proposed by State Representative Jay Hoffman (D-Collinsville), police officers would have to record the race of every driver stopped or ticketed.