Illinois Bar Journal


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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).