Publications

Articles on Criminal Law and Procedure

Silence as Self-Incrimination after Salinas v. Texas

By Robin B. Murphy
April
2014
Article
Page 184
After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.

Revestment doctrine exists but rarely applies, high court rules

By Janan Hanna
March
2014
LawPulse
Page 114
The revestment doctrine lets a trial court be "revested" with jurisdiction even though the litigants failed to file post-trial motions. In People v. Bailey, the supreme court affirmed but strictly narrowed the doctrine.

Collateral Consequence Considerations for Illinois Practitioners after Padilla v. Kentucky

By Angela Rollins
February
2014
Article
Page 76
Deportation isn't the only important collateral consequence of pleading guilty that looms for Illinois lawyers and their clients. Here's a look at the evolving law.

Family members no longer exempt from prosecution for aiding fugitive. PA 097-0741

July
2013
Illinois Law Update
Page 336
Any individual over the age of 18 is now guilty of a Class 4 felony if he or she actively "aids or assists" a criminal offender in escaping a jurisdiction in which the offender "is to be arrested, charged, or prosecuted."

Illinois lawmakers revive overturned armed robbery sentencing enhancement

By Adam W. Lasker
July
2013
LawPulse
Page 330
After the high court held a sentencing enhancement unenforceable because its penalty was tougher than that of a second law with the same elements, lawmakers changed the elements of the second law and thereby revived the first.

A Guide to the Confrontation Clause

By Geoffrey Burkhart
June
2013
Article
Page 304
When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.

No double jeopardy though jurors were sworn, high court rules

By Adam W. Lasker
June
2013
LawPulse
Page 278
The Illinois Supreme Court ruled in Martinez that, even though the jury was already empanelled, the defendant was not in jeopardy because the state stood silently by and presented no evidence.

Illinois high court affirms criminal contempt convictions of E2 nightclub owners

By Adam W. Lasker
May
2013
LawPulse
Page 222
The Illinois Supreme Court reversed a ruling that vacated criminal contempt convictions against the owners of a Chicago nightclub where 21 people were killed in a stampede.

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris

By David J. Robinson
April
2013
Article
Page 194
In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.

Arguing Witness Credibility at Closing After People v. Adams

By Jill Ausdenmoore
February
2013
Article
Page 92
In Adams, the Illinois Supreme Court reemphasized that prosecutors' commentary on witness credibility at closing must be based on the evidence.

New limitations on possession of methamphetamine precursors. PA 097-1008

January
2013
Illinois Law Update
Page 16
The General Assembly has added a new section to the Methamphetamine Control and Community Protection Act. 720 ILCS 646/120 new.

Clerk to furnish lists of moving violations involving taxi drivers. PA 097-1062

December
2012
Illinois Law Update
Page 632
A new section of the Taxi Safety Act of 2007 now requires that, when vehicle citation records are not readily available for a particular taxi or registered taxi driver, the appropriate circuit-court clerk must provide a list of moving violations, if any, to a governmental unit upon request. 625 ILCS 55/15 new.

A Practitioner’s Guide to Expunging and Sealing Criminal Records in Illinois

By Joshua D. Carter
December
2012
Article
Page 642
Clearing criminal records is important business for many clients – here's a quick guide.

Fines designated to the Violent Crimes Victim Assistance Fund have increased. PA 097-0816

October
2012
Illinois Law Update
Page 520
Persons convicted of or placed under supervision for a misdemeanor, a felony, or some offenses under the Illinois Vehicle Code after July 1, 2012, must now pay increased fines to fund the Violent Crimes Victim Assistance Fund.

A trio of laws to curb texting, phoning behind the wheel

By Adam W. Lasker
October
2012
LawPulse
Page 514
The legislature forgoes a full ban on cell use by drivers in favor of a targeted approach that bans hand-held communications in construction zones, emergency scenes, and other places.

The Real Prisoner’s Dilemma

By Hon. Ron Spears
August
2012
Column
Page 442
Defendants have a Constitutional right to effective counsel during plea bargains.

Crime victims’ rights amendment won’t appear on November ballot

By Adam W. Lasker
June
2012
LawPulse
Page 286
A proposed constitutional amendment that would have made crime victims party to the defendant’s trial undermined the constitutional presumption of innocence, the ISBA and other opponents, including prosecutors, argued.

New categories of violent offenses against youth. PA 097-0432

June
2012
Illinois Law Update
Page 292
The Child Murderer and Violent Offender Against Youth Registration Act has been amended to introduce three new categories that define violent offenses against youth (730 ILCS 154/5).

Defendant’s prior conviction for domestic battery admissible at murder trial

By Adam W. Lasker
May
2012
LawPulse
Page 234
In People v. Chapman, the supreme court upheld admission into evidence of the defendant's earlier conviction for domestic battery of the woman he was accused of murdering.

Failure to pursue rulings on pre-trial motions can be ineffective assistance of counsel

By Adam W. Lasker
May
2012
LawPulse
Page 234
A new supreme court criminal case underscores the importance of challenging - and if necessary, appealing - a judge's failure to rule on pre-trial evidentiary motions.

New parole and probation condition for meth-related convictions. PA 097-0560

May
2012
Illinois Law Update
Page 240
The Unified Code of Corrections has been amended to introduce a new condition of parole, supervised release (730 ILCS 5/3-3-7), probation, and conditional discharge (730 ILCS 5/5-6-3) following methamphetamine-related convictions.

State law prohibits possession and sale of caustic and noxious substances. PA 097-0565

May
2012
Illinois Law Update
Page 240
Illinois lawmakers have amended the Criminal Code of 1961 to ban persons from knowingly possessing any caustic and noxious substances regulated by Title 16 CFR section 1500.129 of the Federal Caustic Poison Act. (720 ILCS 5/12-37 new.)

Lying to police can be obstruction

By Adam W. Lasker
April
2012
LawPulse
Page 178
Lying to a police officer can support a conviction for obstruction of justice if the lying directly hinders the officer's official performance, the Illinois Supreme Court rules.

Six Common Criminal-Trial Errors and How to Avoid Them

By Rob Shumaker
April
2012
Article
Page 212
An appellate clerk points out six common errors that send criminal cases to the next level and suggests ways to avoid them.

The Supreme Court Lowers the Bar for Post-Conviction Petitions

By Stephanie Anders and Rob Shumaker
December
2011
Article
Page 624
Recent Illinois Supreme Court cases make it less likely that criminal defendants' petitions will be quickly dismissed as frivolous under the Illinois Post-Conviction Hearing Act.

Guilty Pleas and Parole: A Practitioner’s Guide to People v Whitfield

By Geoffrey Burkhart
November
2011
Article
Page 580
Whitfield creates a remedy for defendants who took negotiated pleas without being told they must also do "mandatory supervised release" (aka parole). This article explores the law.

Registration of vehicles used in gunrunning may be suspended. PA 097-0540.

November
2011
Illinois Law Update
Page 556
Illinois lawmakers have amended the Illinois Vehicle Code to address the registration status of vehicles used in gunrunning violations (625 ILCS 5/3-704).

A person who asks a third party to stalk a victim is guilty for the act. PA 097-0311

October
2011
Illinois Law Update
Page 496
The Illinois Criminal Code has been amended to place accountability on a person who directs a third party to stalk another person. (720 ILCS 5/12-7.3, 12-7.4, 12-7.5, and 12-30).

Educational programs to combat religious hate crimes. PA 097-0161.

September
2011
Illinois Law Update
Page 440
Illinois lawmakers have amended the Criminal Code to implement educational programs for certain hate crime offenders. (720 ILCS 5/12-7.1).

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