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Articles on Criminal justice

Detention Hearings Under the Pretrial Fairness Act: A Short Guide to New Rules and Procedures By Darren O’Brien Criminal Justice, November 2023 An overview of the Pretrial Fairness Act, which recently went into effect.
Constructive Possession in People v. Teranza Jones By Kellyn Doyle Coakley Criminal Justice, October 2023 In People v. Teranza Jones, the Illinois Supreme Court considered constructive possession by affirming the lower appellate court’s decision.
Mens Rea Requirement Necessary for a Conviction on Possession of a Defaced Firearm By Jessica Koester Criminal Justice, October 2023 In People v. Ramirez, the Illinois Supreme Court held that the state must prove that a defendant knew that the serial number on the firearm had been altered or defaced in order to secure a conviction for possession of a defaced firearm.
Pretrial Fairness Act in Appellate Practice By Julia Kaye Wykoff Criminal Justice, August 2023 An overview of Pretrial Fairness Act appeals.
1 comment (Most recent August 15, 2023)
The Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act Passes Constitutional Muster By Mark Kevin Wykoff, Sr. Criminal Justice, August 2023 The Illinois Supreme Court recently considered the constitutionality of Public Acts 101-652 and 102-1104, which dramatically changed the statutory framework for pretrial release of criminal defendants in Illinois.
1 comment (Most recent August 15, 2023)
Automatic Substitution of Judge Wrongfully Denied By Donald J. Ramsell Criminal Justice, February 2023 In People v. Brusaw, the appellate court considered what happens when a defendant files a motion for substitution of judge and the motion is never acted upon.
Pre-Trial Fairness Act: Elimination of Cash Bail Held in Abeyance By Julia Kaye Wykoff Criminal Justice, February 2023 The most controversial component of the Pretrial Fairness Act, eliminating cash bail, was scheduled to become effective on January 1, 2023—however, it was declared unconstitutional in the weeks leading up to the effective date.
Probable Cause Following Legalization of Cannabis Revisited By Jessica Koester Criminal Justice, February 2023 The court recently considered whether the odor of cannabis is probable cause to search a vehicle in People v. Redmond.
The Changing Landscape of Juvenile Offenders & Armed Habitual Criminal By Daniel L. Fultz & Julia Kaye Wykoff Criminal Justice, December 2022 Recently, the Illinois Supreme Court addressed whether a juvenile’s conviction constitutes a qualifying offense for purposes of Class X sentencing under section 5-4.5-95(b) of the Unified Code of Corrections.
Illinois Supreme Court Implements New Rule Regarding Trial Exhibits By Hon. Geraldine D’Souza Criminal Justice, December 2022 The recently-approved Illinois Supreme Court Rule 455 takes effect on Jan. 1, 2023.
Evaluating Structural Error following People v. Jackson, 2022 IL 127256 By Julia Kaye Wykoff Criminal Justice, November 2022 In People v. Jackson, the Illinois Supreme Court considered whether the trial court’s error in polling only 11 of 12 jurors constituted “structural error” for purposes of applying the second prong of Illinois’s plain error rule.
Inappropriate Comment in Rebuttal Closing Argument? By Hon. Randall B. Rosenbaum Criminal Justice, November 2022 In People v. Mudd, the Illinois Supreme Court considered whether the prosecutor made an inappropriate comment in rebuttal closing argument.
Practice Pointer: Is a Jury Trial Waiver Irrevocable in All Circumstances? Not Always. By Mark Kevin Wykoff, Julia Kaye Wykoff, & Daniel Fultz Criminal Justice, November 2022 In People v. Bracey, the defendant argued before the appellate court that his jury waiver, executed prior to his first trial, was not valid with respect to his second trial.
Casenote: Evans v. Cook County State’s Attorney By Alan C. Downen Criminal Justice, April 2022 In Evans v. Cook County State’s Attorney, the Illinois Supreme Court considered whether Alfred Evans, Jr. should have been issued a Firearm Owner’s Identification card.
Casenote: People v. Johnson By Mark Kevin Wykoff & Julia Kaye Wykoff Criminal Justice, April 2022 In People v. Johnson, the Illinois Supreme Court considered whether defense counsel’s failure to seek the testing of a potentially exculpatory DNA sample constituted the ineffective assistance of counsel.
Motion to Resentence by the People: What It Is, the Impact, and How It Affects Criminal Sentences in Illinois By Brendan Bukalski Criminal Justice, April 2022 On Jan. 1, 2022, 725 ILCS 5/123, entitled "Motion to Resentence by the People," went into effect, vesting courts with the authority and state's attorneys with the ability to modify a sentence, regardless of when that sentence was imposed.
Illinois Supreme Court Issues Decision Regarding Convicted Child Sex Offenders and Public Parks By Lori G. Levin Criminal Justice, October 2021 People of the State of Illinois v. Patrick Legoo addressed the misdemeanor conviction of a parent who was an adjudicated child sex offender who entered a public park to retrieve his minor child.
2021 Spring Legislation – Criminal, Traffic, Juvenile, Animal By Steve Baker Criminal Justice, September 2021 Summaries of recent legislation of interest to criminal law practitioners.
Casenote: People v. Hartfield By Mark Kevin Wykoff, Sr. Criminal Justice, September 2021 In People v. Hartfield, the appellate court considered whether Kelvin Hartfield’s speedy-trial rights were violated.
Legislative Updates at a Glance By Kristine Honiotes Criminal Justice, September 2021 A summary of notable changes to criminal justice legislation caused by the passing of house bills 3653 and 3443.
People v. Aguilar: Its Misunderstood Progeny By James Naughton Criminal Justice, September 2021 An analysis of People v. Aguilar and how its findings should affect expungements for aggravated unlawful use of a weapon convictions going forward.
Are First Offender Drug Probation Sentences & Second Chance Probation Sentences Convictions? By Alan Downen Criminal Justice, March 2021 The successful completion of first offender drug probation or second chance probation results in the dismissal of charges without a conviction. But what is a defendant's status while still on probation?
The Biden Administration’s Criminal Justice Plan Modeling the SAFE Justice Act and Other Ramblings on a Modern Criminal Justice Reform By Glenn Gaffney Human and Civil Rights, March 2021 A look at President Biden's criminal justice reform plan.
Casenote: People v. Casler, 2020 IL 125117 (October 28, 2020) By Jeremy Karlin Criminal Justice, March 2021 A summary and analysis of People v. Casler.
Casenote: People v. Reed, 2020 IL 124940 By Steve Baker Criminal Justice, March 2021 A summary and analysis of People v. Reed.
Facebook: Social Media Admissibility Rules By Anisa Jordan Criminal Justice, March 2021 In People v. Curry, the appellate court addressed whether the trial court abused its discretion in allowing messages via Facebook Messenger sent from the defendant to the victim through the parties’ respective Facebook Messenger phone applications.
Illinois Criminal Justice Reform Bill By Ronald S. Langacker Human and Civil Rights, March 2021 In January, the Illinois Legislature passed a sweeping criminal justice package that resulted in dramatic changes in police discipline, standards of conduct, and more.
Restoring Gun Rights After Disqualifying Convictions: Brown v. ISP, 2020 IL App (3rd) 180409 By James Stern Criminal Justice, March 2021 A summary and analysis of Brown v. ISP.
When Does Jeopardy Attach in a Negotiated Plea? By Babette L. Brennan Criminal Justice, March 2021 A summary and analysis of People v. Gaines.
The First Amendment and Disorderly Conduct By Robert Deters Criminal Justice, December 2020 The Illinois Supreme Court recently looked at whether pure speech alone can be criminal in People v. Swenson.

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