Illinois Criminal Justice Reform BillBy Ronald S. LangackerHuman and Civil Rights, March 2021In January, the Illinois Legislature passed a sweeping criminal justice package that resulted in dramatic changes in police discipline, standards of conduct, and more.
The First Amendment and Disorderly ConductBy Robert DetersCriminal Justice, December 2020The 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 EffectBy Mark Kevin Wykoff, Sr. & Julia Kaye WykoffCriminal Justice, December 2020In 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 123643By Steve BakerCriminal Justice, August 2020A 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 ConvictionBy James SternCriminal Justice, August 2020A summary of Johnson v. State Police, in which a Firearm Owner’s Identification card was revoked under the Firearm Owners Identification Card Act (430 ILCS 65/8(n) due to a conviction for a misdemeanor involving domestic violence.
Case Note: People v. MorgerBy Mark Kevin Wykoff & Julia Kaye WykoffCriminal Justice, April 2020In 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 SixBy Ted HammelCriminal Justice, April 2020Time 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 LawBy Kristine HoniotesCriminal Justice, April 2020Due 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. PetersonBy Mark Kevin Wykoff, Sr. & Julia Kaye WykoffCriminal Justice, November 2019The Illinois Supreme Court affirmed the lower court's first-degree murder conviction and sentence in People v. Peterson.
Case Summary: People v. ZimmermanBy William VigCriminal Justice, November 2019In 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. DrakeBy Steve BakerCriminal Justice, September 2019A 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.
An overview of mental health courtBy Ronald L. LewisCriminal Justice, July 2019Just 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.
Police officers’ training & defendants with mental health issuesBy Jessica FangmanCriminal Justice, February 2019Despite the obvious need for sensitivity to mental health issues, law enforcement officers in Illinois are not required to attend crisis intervention or mental health awareness training.
SORA on appeal after People v. BinghamBy Julia Kaye Wykoff & Mark Kevin WykoffCriminal Justice, February 2019The Illinois Supreme Court recently considered the constitutionality of the Sex Offender Registration Act in People v. Bingham.
Cellphone data – Constitutional protections continue to expandBy Stephen BakerCriminal Justice, October 2018An overview of Carpenter v. United States, in which the U.S. Supreme Court determined whether the government conducts a search under the Fourth Amendment when it accesses historical cell phone records to chronicle a user’s past locations when possessing the phone.
Is it time for no-name criminal juries in Cook County?By Hon. Charles P. Burns, Ana Montelongo, Darryl Auguste, & Ross SteinbergCriminal Justice, October 2018A look at how jurors’ stress caused by privacy and safety concerns in the digital age of instant information affects the fairness of the judicial system.
Legislation: 2018 bills updateBy Stephen BakerCriminal Justice, October 2018A compiled table of some of the new laws that the Illinois legislature has passed in the last year.
An overview of the NACDL annual meetingBy Cheryl PowellCriminal Justice, October 2002"Warriors for the Defense: New Strategies for Difficult Times" was the title of the Annual Meeting & Seminar of the National Association of Criminal Defense Lawyers (NACDL), held from July 31st through August 3rd in San Francisco, California.
