Illinois Bar Journal

Articles on Criminal Law and Procedure

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.

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 & 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 & 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.

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