Articles on Criminal justice

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 Wykoff & Julia 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.
People v. Sophanavog: Waivers at Plea and the Ripple Effect By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff Criminal Justice, December 2020 In August, the Illinois Supreme Court issued its opinion in People v. Sophanavong, where the court considered whether a circuit court’s failure to strictly comply with the requirements of section 5-3-1 of the Unified Code of Corrections to forgo a presentence investigation report requires remand for a new sentencing hearing or whether a defendant can waive the issue by pleading guilty as well as forfeit the claim by failing to raise it in a post-plea motion.
Casenote: People v. Morger, 2019 IL 123643 By Steve Baker Criminal Justice, August 2020 A summary of People v. Morger, which looks at whether a statute prohibiting sex offenders from accessing social media is constitutional.
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.
The True Owner: Statutory Amendment to Forfeiture Statute Narrows Field of Claimants By Jordan M. Kielian Criminal Justice, August 2020 The topic of civil asset forfeiture recently made the national spotlight with the United States Supreme Court’s ruling in Timbs v. Indiana.
Case Note: People v. Morger By Mark Wykoff & Julia Wykoff Criminal Justice, April 2020 In People v. Morger, the Illinois Supreme Court considered whether a “complete ban on accessing ‘social networking websites’ as a condition of probation is unreasonable and unconstitutional under the First Amendment.”
Go Six By Ted Hammel Criminal Justice, April 2020 Time constraints and pressures can be diminished considerably with a six-person jury, and there is no empirical evidence that a smaller jury renders different results.
Must-Know Key Components of Expungement & Sealing Law By Kristine Honiotes Criminal Justice, April 2020 Due to the ever-changing expansion of the expungement and sealing legislation, attorneys should be prepared to advise their client of the shorter-term consequences that arise from an arrest, their plea, or finding of guilt.
Case Note: People v. Peterson By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff Criminal Justice, November 2019 The Illinois Supreme Court affirmed the lower court's first-degree murder conviction and sentence in People v. Peterson.
Case Summary: People v. Zimmerman By William Vig Criminal Justice, November 2019 In People v. Zimmerman, the Illinois Supreme Court reviewed a trial court’s ruling sealing two motions in limine until a jury was empaneled.
Case Note: People v. Drake By Steve Baker Criminal Justice, September 2019 A summary of People v. Drake, in which the court considered whether, in a double jeopardy sufficiency of evidence analysis, all evidence at trial—including improperly admitted evidence—should be considered when trial error justifies a remand for a new trial.
1 comment (Most recent September 23, 2019)
Bail reform—one year later By Kim D. Chanbonpin Criminal Justice, July 2019 A review of the changes in Illinois bail law one year after taking effect.
Criminal law practitioners beware: That supposed ‘non-conviction’ of supervision may count as a conviction under the federal sentencing guidelines By James A. Shapiro Criminal Justice, July 2019 The United States Sentencing Guidelines and Illinois supervision statute are at odds about whether supervision counts as a conviction.
An overview of mental health court By Ronald L. Lewis Criminal Justice, July 2019 Just over a decade ago, the Mental Health Court Treatment Act was passed to provide a problem-solving court for defendants whose mental illnesses were a major factor bringing them into contact with the criminal justice system.

Select a Different Subject