Publications

Articles on Criminal Law and Procedure

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.

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.

The Lawyer’s Journal

By Bonnie C. McGrath
March
2001
Column
Page 112
Real Property Disclosure Act; legal department summon(s)ed in error; questions of law now collaterally estoppable; and more.

Pages

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