Illinois Bar Journal

Articles on Criminal Law and Procedure

A Level Field for Death Penalty Cases

By Timothy L. Bertschy
April
1999
Column
Page 184
When Illinois re-enacted the death penalty in 1977, the General Assembly and the criminal justice system made a legal and moral commitment to the people of Illinois that, if executions take place in their name, they would be done right.

Drug-Aided Crimes (``Date Rape” Drugs) — PA 90-735

March
1999
Illinois Law Update
Page 130
Sponsored by Senator Kirk W. Dillard, Public Act 90-735 makes it a battery to administer a controlled substance to a person without his or her consent, or by threat or deception, for non-medical purposes.

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

Community Policing Volunteers—PA 90-651

February
1999
Illinois Law Update
Page 73
Mayor Richard Daley called for the passage of legislation to increase penalties for crimes committed against community policing volunteers.

Illinois law enforcement officers may obtain a blood sample from a driver who is in an adjoining state for medical care under a presumption that the driver was driving while intoxicated.

February
1999
Illinois Law Update
Page 73
On November 19, 1998, the Illinois Supreme Court reversed the trial court's holding that section 11-501.1(a) of the Illinois Vehicle Code (625 ILCS 5/11-501.1(a) (West 1996)) .

The Lawyer’s Journal

By Bonnie McGrath
February
1999
Column
Page 70
No retaliatory discharge claims for whistle-blowing lawyers...

The U.S. Supreme Court Expands Excessive Fines Clause Protection in Austin and Bajakajian

By Michele M. Jochner
February
1999
Article
Page 78
These two rulings give practitioners new ammunition with which to challenge civil and administrative fines and sanctions.

Lack of Remorse Versus Persistence of Innocence

By Hon. Larry S. Vandersnick
December
1998
Column
Page 692
Defendants can be sentenced more harshly when they refuse to express remorse -- even for crimes they insist they didn't commit.

The Lawyer’s Journal

By Bonnie McGrath
December
1998
Column
Page 658
RICO and privacy and fraud (and family law), oh my!

Prior Order of Protection Violators Subject to Increased Domestic Battery Penalties; P.A. 90-734

December
1998
Illinois Law Update
Page 662
According to Public Act 90-734, domestic battery committed by a defendant with a prior conviction for violating an order of protection is a Class 4 felony.

Illinois Strengthens DUI Provisions Ignition Interlock Devices Authorized; PA 90-611 (Approved 7-1-98, effective 7-1-98)

November
1998
Illinois Law Update
Page 596
Two recent acts stiffen repeat DUI penalties and expand the scope of DUI provisions.

Offense of Harassment Through Electronic Communication—PA 90-578

November
1998
Illinois Law Update
Page 596
Public Act 90-578 adds the offense of harassment through electronic communication to the Obscene Phone Call Act.

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