Subject Index Criminal Law and Procedure

Habeas corpus relief may be granted where defense counsel fails to object to identification tainted by the state’s suggestive procedures and which lacks independent reliability

December
2000
Illinois Law Update
, Page 690
On October 12, 2000, the seventh circuit court of appeals ruled that the district court erred in dismissing defendant's habeas corpus petition based on the finding that his trial counsel was not ineffective.

Law permits seizure and disposition of gang property - P.A. 91-876

December
2000
Illinois Law Update
, Page 690
Beginning next year, Illinois law enforcement officials will have an additional incentive to identify members of streetgangs.

The Lawyer’s Journal

By Bonnie C. McGrath
December
2000
Column
, Page 686
Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.

Legislation shifts burden of proof—P.A. 91-770

December
2000
Illinois Law Update
, Page 690
Persons found not guilty by reason of insanity will bear the burden of proving that they are well enough to leave a secure mental hospital under an amendment to the Uniform Code of Corrections.

New hearsay exception for “safe zone testimony” ; P.A. 91-899

December
2000
Illinois Law Update
, Page 690
Under a recent change to the Illinois Code of Criminal Procedure, certain hearsay evidence will soon be admissible in some circumstances.

Appeals from Plea Agreements: New Rules Clarify the Law

By James G. Fahey
November
2000
Article
, Page 642
Effective November 1, the Illinois Supreme Court amended Rules 604 and 605 to clear up the confused law of plea-agreement appeals. Read all about it.

Criminal trespass to residence now felony in some circumstances; P.A. 91-895

November
2000
Illinois Law Update
, Page 624
As a result of a new Illinois law, the Illinois State Police established a pilot program aimed at testing technology designed to measure driver impairment caused by alcohol or other drug use.

Defendant must face custodial interrogation to effectively invoke Miranda right to counsel

November
2000
Illinois Law Update
, Page 624
On September 21, 2000, the Supreme Court of Illinois ruled that the trial court did not err in refusing to suppress a confession given by the defendant while in custody on a murder charge.

Harassing and Obscene Communications Act amended; P.A. 91-878

November
2000
Illinois Law Update
, Page 624
First-time offenders that place harassing telephone calls are normally guilty of a Class B misdemeanor, and repeat offenders face a minimum of 14 days in jail or 240 hours of public service work.

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
, Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

Certain sex offenders prohibited from living near schools; P.A. 91-911

October
2000
Illinois Law Update
, Page 563
Although no sex offender will be forced to move from his or her home, certain offenders will no longer be allowed to reside near certain protected areas under a new Illinois law signed by Gov. George H. Ryan.

Dissemination of secret videotapes or photographs now a Class 4 felony P.A. 91-910

October
2000
Illinois Law Update
, Page 563
Knowingly videotaping or photographing persons in locker rooms, changing rooms, or hotel bedrooms will soon be a Class A misdemeanor under a new amendment to the Criminal Code.

Impeaching Jury Verdicts for Juror Misconduct and Prejudicial Influence

By Hon. Denise M. O’Malley
October
2000
Article
, Page 568
A judge's perspective on how courts do—and should—respond to alleged juror misconduct and prejudice.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
, Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion

By Michele M. Jochner
October
2000
Article
, Page 576
Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.

Sex offender registration

October
2000
Illinois Law Update
, Page 563
On June 19, 2000, the Illinois Department of State Police (department) adopted amendments and a new section to section 1280 of the Illinois Administrative Code. 20 Ill Adm Code 1280.

Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888

October
2000
Illinois Law Update
, Page 563
Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.

Sexually Violent Persons Commitment Act amended; P.A. 91-875

October
2000
Illinois Law Update
, Page 563
The number of persons considered "sexually violent" may increase as a result of recent changes to the Sexually Violent Persons Commitment Act.

Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871

September
2000
Illinois Law Update
, Page 500
The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.

Enforcing Orders of Protection Across State Lines

By Celia Guzaldo Gamrath
August
2000
Article
, Page 452
Is your client protected when she crosses state lines with an order of protection? Read and find out.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
, Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

Trial court did not improperly dismiss potential juror in death penalty case

August
2000
Illinois Law Update
, Page 438
On June 15, 2000, the Illinois Supreme Court affirmed first degree murder, attempted murder, and armed robbery convictions against Paris D. Sims, as well as a death sentence ordered by the circuit court of St. Clair County.

Background checks for licensed exempt child care providers

July
2000
Illinois Law Update
, Page 380
On April 5, 2000, the Illinois Department of Human Services adopted emergency amendments to section 50 of the Illinois Administrative Code. 89 Ill Adm Code 50.

The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions

By Tod A. Lewis
July
2000
Article
, Page 392
Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
, Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

Neighborhood Services Act compromise finally reached

June
2000
Illinois Law Update
, Page 310
During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.

Racial profiling study rejected; H.B. 3911

June
2000
Illinois Law Update
, Page 310
House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.

Relevant Conduct and the Law of Conspiracy

By David G. Duggan
June
2000
Article
, Page 351
The problems posed by the federal sentencing guidelines for defendants charged with liability for the criminal acts of others.

1999 Illinois Supreme Court Criminal Review: Breathing Life into the Single-Subject Clause

By James H. Reddy
April
2000
Article
, Page 218
The court decided fewer death-penalty cases than in the past and breathed life into the single-subject clause.

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