Section Newsletters

Articles on Criminal justice

Case law notes Criminal Justice, March 2002 The Fourth District Appellate Court recently ruled that homemade crack pipes were not drug paraphernalia under 720 ILCS 600/2(d).
Double jeopardy By Kimberly L. Dahlen Criminal Justice, March 2002 In People v. Bellmyer, the issue on appeal was whether the trial court erred in denying defendant's motion to dismiss based on double jeopardy where the parties had completed a stipulated bench trial, but the court refused to enter a verdict.
Case notes Criminal Justice, February 2002 Relsolelo v. Fisk, No. 90623 (Supreme Court of Illinois), Illinois Constitution Art I, § 10 does not provide a person with a privilege against self-incrimination in regard to a potential criminal prosecution by a foreign sovereign.
From the Illinois Supreme Court By David P. Bergschneider, Michael J. Pelletier, & Michael C. Bennett Criminal Justice, February 2002 The Illinois Supreme Court found that the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), did not apply to certain Illinois sentencing statutes.
Confidential memorandum By Timothy P. O’Neill Criminal Justice, August 2001 For years we have discussed how much easier patrol and investigation would be if that darned Fourth Amendment didn't get in our way.
Municipal liability—no representation without indemnification under the Public Defender Immunity Act By Steven M. Puiszis Criminal Justice, June 2001 In 1765, the Sons of Liberty, a secret patriotic society, coined the phrase: "No taxation without representation" in response to the passage of the Stamp Act by the British Parliament.
Public defender malpractice liability—civil immunity: good, bad or just Cook County By Jack Rimland & Steve Baker Criminal Justice, April 2001 Background: In Johnson v. Halloran, et. al1 the Illinois Supreme Court extinguished the long held assumption that Public Defenders may be accused of malpractice in the context of ARDC complaints or post-conviction petitions [pro-se post-trial motion/motion to withdraw guilty pleas included], but not a civil suit for malpractice.
Editor’s note Criminal Justice, February 2001 The caselaw digests contained in this newsletter were graciously submitted by Don Hays, Senior Staff Counsel, Office of the States' Attorney Appellate Prosecutor. 
Recent criminal law case analysis By Don Hays Criminal Justice, February 2001 Search and seizure--The defendant in this case was not "seized" when a police officer stopped his squad car in front of the defendant.
Dispositions for leave to appeal By Donald R. Parkinson Criminal Justice, September 2000 On May 31, 2000, the Illinois Supreme Court issued its rulings on 287 petitions for leave to appeal
New hearsay rule By Michelle Madden Dempsey Criminal Justice, September 2000 Recently passed Senate Bill 1332 seeks (in part) to enact a new hearsay exception in Illinois by amending the Illinois Code of Criminal Procedure to create 725 ILCS 5/115-10.5 ("10.5").
From the United States Supreme Court By Donald C. Hudson Criminal Justice, June 2000 The respondent was convicted of sodomy and weapons possession in New York. The respondent testified in his own defense at trial stating that he had consensual intercourse with the alleged victim.
Section council activities By Donald R. Parkinson Criminal Justice, June 2000 This has been a very active and productive year for the Criminal Justice Section Council under the leadership of Robert A. Loeb.
Section council hears from George E. DeTella, Associate Director of the Department of Corrections By Donald R. Parkinson Criminal Justice, June 2000 On Saturday, April 15, 2000, George E. DeTella, Associate Director of the Department of Corrections, appeared before the Criminal Justice Section Council. Mr. DeTella outline a number of changes which have occurred at DOC within the last nine months.
Summary of recent cases accepted by Illinois Supreme Court By Donald R. Parkinson Criminal Justice, June 2000 On February 2, 2000, the Illinois Supreme Court issued orders in 294 cases. The court remanded a number of the cases pursuant to its supervisory authority and the case of People v. Cervantes (189 Ill. 2d 80, 1999, single subject legislative rule)
Where can I find a court reporter? Criminal Justice, June 2000 Under the direction of Criminal Justice Chairperson, Robert A. Loeb, the council asked the ISBA Board of Governors to look at the current shortage of certified court reporters.
Changes to criminal law and procedure after People v. Cervantes By Thomas R. Fitzgerald Criminal Justice, May 2000 For your information, pursuant to the Illinois Supreme Court's recent finding in People v. Cervantes, docket No. 87229, filed December 2, 1999, amendments/deletions to the criminal code passed as part of P.A. 88-680 are no longer in effect.
The right to fitness hearings for defendants on psychotropic medication: evolving positions, “Brandon” to “Kinkead” to “Burgess” to “Mitchell” By Daniel M. Locallo Criminal Justice, May 2000 Since 1994, the fitness to stand trial of defendants receiving psychotropic drugs or other medications under medical direction has been addressed by both the judiciary and the legislature.
Summary of traffic related decision published in the official reports for the year 1999 By Daniel M. Locallo Criminal Justice, April 2000 Defendant was convicted of DUI by a jury. On the day of her trial, defendant requested a continuance to seek private counsel because she and her appointed attorney did not agree on certain matters.
Summary of death penalty decisions published in the official reports issued by the Illinois Supreme Court By Daniel M. Locallo Criminal Justice, March 2000 The author wishes to express that this summary concerns the procedural and substantive caselaw established by the Supreme Court of Illinois.
Dispositions of petitions for leave to appeal By Donald R. Parkinson Criminal Justice, February 2000 On December 1, 1999, the Illinois Supreme court rules on 295 pending petitions for leave to appeal. One hundred and seven were filed in civil cases and 10 requests were granted.
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, February 2000 On March 27, 1993, the state filed a complaint alleging that defendant had possessed less than fifteen grams of a substance containing cocaine.
Dispositions of petitions for leave to appeal By Donald R. Parkinson Criminal Justice, December 1999 On October 6, 1999, the Illinois Supreme Court issued its official rulings on 625 petitions for leave to appeal. Again this is an increase from last year. (On October 6, 1998, there were 614 requests.)
Section council activities By Donald R. Parkinson Criminal Justice, November 1999 Chairperson, Robert Loeb, called the Criminal Justice Section Council meeting to order on Saturday, September 18, 1999, and outlined his plans for this year.
Dispositions of petitions for leave to appeal By Donald R. Parkinson Criminal Justice, October 1999 On June 2, 1999, the Illinois Supreme Court announced its decision on 260 petitions for leave to appeal. One hundred and nine were filed in civil cases and 15 requests were granted.
Ending the free ride: Why states should make prisoners pay for their stay By T. Markus Funk Criminal Justice, October 1999 It is a popular fiction to say that a criminal released from prison has "paid off" his debt to society.
From the Illinois Supreme Court Criminal Justice, October 1999 The Illinois Supreme Court modified its opinion (reported in newsletter Vol. 42, No. 6, Jan. 1999) in People v. Shaw on June 1, 1999.
Public Act 88-680 A constitutional anomaly (location, location, location) By Carey J. Luckman Criminal Justice, September 1999 Old news: Public Act 88-680 was signed by Governor Edgar December 15, 1994, effective January 1, 1995.
Dispositions of leave to appeal By Donald R. Parkinson Criminal Justice, July 1999 On March 31, 1999, the Illinois Supreme Court filed its decision on 316 requests for leave to appeal.
Have you always wanted to be a published author? By Donald R. Parkinson Criminal Justice, July 1999 This is your chance. The Criminal Justice newsletter is always looking for articles or practical advice tips from our section members.

Select a Different Subject