Section Newsletters

Articles From James Stern

Compulsory Joinder & Speedy Trial Revisited in People v. Covalt, 2025 IL 220346 By James Stern Criminal Justice, December 2025 The compulsory joinder statute requires all charges—based on the same act—to be prosecuted in a single prosecution if the offenses were known to the prosecution and are within the jurisdiction of the same court. The Illinois Supreme Court has explained that all charges subject to compulsory joinder are subject to the same speedy trial period. As such, the speedy trial period begins for all charges subject to compulsory joinder once the speedy trial demand is filed, even if the State files some charges at a later time. 
Probable Cause for DUI Arrest By James Stern Traffic Laws and Courts, February 2023 People v. Workheiser reviews the factors to establish probable cause for a DUI arrest.
Blood Test Admissible Under Business Record By James Stern Traffic Laws and Courts, February 2021 A look at the admissibility of blood test results in aggravated DUI cases.
Restoration of Gun Rights After Domestic Battery Conviction By James Stern Criminal Justice, August 2020 A summary of Johnson v. State Police, in which a Firearm Owner’s Identification card was revoked under the Firearm Owners Identification Card Act (430 ILCS 65/8(n) due to a conviction for a misdemeanor involving domestic violence.
Compelled Chemical Testing After Accident May Be Unconstitutional By James Stern Traffic Laws and Courts, April 2020 A summary of People v. Eubanks, in which the defendant appealed a conviction of first-degree murder, failure to report an accident involving death or injury, and aggravated driving under the influence.
The need for a warrant after DUI suspect hospitalized By James Stern Traffic Laws and Courts, March 2019 In People vs. Pratt, the appellate court held that a non-consensual blood draw of a DUI suspect at the hospital after a fatal accident was an unreasonable warrantless search in violation of the Fourth Amendment.
Case notes By Andrea Mesko, Mark Kevin Wykoff, Sr., Jesus Ricardo Rivera, David B. Franks, & James Stern Criminal Justice, March 2012 Recent cases of interest to criminal law practitioners.
Case notes By Hon. James A. Shapiro, Greg Funfsinn, James Stern, & Lori G. Levin Criminal Justice, June 2010 Recently decided criminal cases.
From the outgoing chair By James Stern Human and Civil Rights, June 2003 The primary formation of this section council has been to put out this newsletter, put on educational programs, and review proposed legislation affecting Human Rights.
From the chair By James Stern Human and Civil Rights, September 2002 The subjects which the Human Rights Section deal with are matters right from the day's headlines: homeland security, racial profiling, detention without arrest, military tribunals, material witness arrest warrants, ethnic mascots and team names, affirmative actions, achool vouchers, hate crimes, speech codes, death penalty, international courts, the handicapped, family issues, privacy, access to public records, and diversity.
War crimes tribunals— 1948 revisited By James Stern Human and Civil Rights, June 2002 Before rushing to embrace any International Courts or Military Tribunals in dealing with "war criminals," it would be worthwhile to examine how these proceedings have performed in the past.
Dead letter of the law By James Stern Human and Civil Rights, October 2000 "We have been unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself."
Hate (thought?) crimes By James Stern Human and Civil Rights, August 1999 Clarence Darrow said: "There is no such crime as a crime of thought; there are only crimes of action."

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