Section Newsletter Articles on Criminal Law

HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, April 2017 Recent legislation affecting criminal law practitioners.
People v. Castleberry: The death of the void-sentence rule By Mark K. Wykoff and Julia K. Wykoff Criminal Justice, April 2017 People v. Castleberry has changed the landscape for purposes of raising and preserving issues in higher courts—all members of the criminal bar must be mindful of this new precedent and govern their advocacy accordingly.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, March 2017 Recent legislation of interest to criminal law practitioners.
A call for caution when limiting the public’s access to criminal courtrooms By Evan Bruno Bench and Bar, February 2017 This article examines the delicate—and often blurry—line between a judge’s permissible exclusion of persons from the courtroom and the unconstitutional denial of the defendant’s right to a public trial.
Being locked up does not mean being locked out from medical care for serious medical needs which ARE protected by the eighth amendment right to be free from cruel and unusual punishment By Glenn R. Gaffney and Jolianne S. Walters Human Rights, December 2016 While cruel and unusual punishment can take many forms, the deliberate indifference to an inmate’s serious medical condition presents one of the more egregious and often-encountered violations of an inmate’s Eighth Amendment rights.
People v. Jones: Prejudicial remarks in a criminal trial By Edward Casmere and Eliberty Lopez Bench and Bar, December 2016 In People v. Jones, the First District reversed the convictions and ordered a new trial in front of a new judge based on prejudicial comments made by the State and the trial court.
Issues involving the Continuing Criminal Enterprise (CCE) Act: How the CCEA is a politically generated “quick fix” to the “War on Drugs” By Kenisha A. Day Racial and Ethnic Minorities and the Law, October 2016 While Congress’ concern about drug abuse in America is justified, a major concern with mandatory minimum statutes like the CCEA, is the probability that it is applied disproportionately. Arguably, the CCEA is applied almost exclusively to minority groups.
Criminal trials in Britain By Hon. Alfred M. Swanson, Jr.(Ret.) Bench and Bar, September 2016 Retired Judge Alfred Swanson recently observed a courtroom in Oxford, England and reports on how the proceedings differ from our own in Illinois.
Our evolving notion of what is an ‘impartial jury’ By Linda J. Watson Criminal Justice, September 2016 In a world where the populace is becoming increasingly skeptical of governance, more-diverse juries are perceived as being more fair and impartial than those that are not.
Case notes By Hon. Geraldine D’Souza, Claudia E. Castro, and Ronald L. Lewis Criminal Justice, August 2016 Three recent cases of interest to criminal law practitioners.
So you’ve been asked to take a prisoner litigation case By Stanley N. Wasser Federal Civil Practice, June 2016 Yes, as a member of the federal bar, you may be called upon to take on a prisoner litigation case. Here's what you need to know.
For Fourth Amendment purposes, the expectation of privacy extends outside the front door of an apartment into the adjacent common area By Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, April 2016 A discussion of the recent case of People v. Burns.
Case notes By Kim D. Chanbonpin, Mary Cole, and Harry E. Clem Criminal Justice, February 2016 Summaries of three recent cases: People v. Stapinski, In re H.L., and People v. Forrest.
HOUSE BILLS & RESOLUTIONS – Criminal, Juvenile & Traffic from the 99th General Assembly By Steve Baker Criminal Justice, December 2015 Recent legislation of interest to criminal law practitioners.
SENATE BILLS – Criminal, Juvenile & Traffic from the 99th General Assembly By Steve Baker Criminal Justice, November 2015 Recent Senate bills of interest to criminal law practitioners.
A cautionary tale in criminal cases By Hon. Celia G. Gamrath Bench and Bar, October 2015 The rulings in Seal and Ames demonstrate the Appellate Court is willing to reverse a conviction where the defendant is not given Rule 401(a) admonishments at the time he waives counsel.
HOUSE BILLS – Criminal, Juvenile & Traffic 98th General Assembly By Steve Baker Criminal Justice, June 2015 Recent House bills of interest to criminal law practitioners.
SENATE BILLS – Criminal, Juvenile & Traffic 98th General Assembly By Steve Baker Criminal Justice, April 2015 Recent Senate Bills of interest to criminal law practitioners.
Case notes By Steve Baker, Sandra L. Byrd, and Laura Horner Criminal Justice, January 2015 Recent cases of interest to criminal law practitioners.
Case notes By Steve Baker, Edward Wasilewski, Tara H. Ori, and Lynn Cavallo Criminal Justice, December 2014 Recent cases of interest to criminal law practitioners.
But I wasn’t even there! An overview of premises-based constructive possession By Aaron G. Brakke General Practice, Solo, and Small Firm, October 2014 An overview of the basics of constructive possession and the author's thoughts on combating a claim. 
Case notes By Paul J. Cain and Angela Rollins Criminal Justice, June 2014 Summaries of the recent cases of People v. Pikes and People v. Cleary.
The Fourth Amendment and warrantless searches of a shared dwelling By Rob Shumaker Criminal Justice, June 2014 A look at the case law involving the warrantless search of a shared dwelling and the various scenarios whereby a co-occupant’s consent can render a search of the premises reasonable under the Fourth Amendment.
Case notes By Rob Shumaker, Steve Baker, Kelly Doyle Coakley, Jameika Mangum, and Stephanie Radliff Criminal Justice, April 2014 Recent cases of interest to criminal law practitioners.
Your think your client is going to lie on the stand—The classic dilemma of a criminal defense lawyer By Juliet Boyd Traffic Laws and Courts, March 2014 What is a lawyer to do when her duty of confidentiality under R.P.C. 1.6 conflicts with her duty of candor towards a tribunal pursuant to R.P.C. 3.3?
Case notes By Kim D. Chanbonpin, Blair J. Pooler, Donald D. Bernardi, Mark Kevin Wykoff, Sr., and Diana Lenik Criminal Justice, February 2014 Recent cases of interest to criminal law practitioners.
Rapists’ rights in Illinois: The new law and what other states can learn from it By Randi Burggraff and Kerrianne Waters Women and the Law, December 2013 What are parental rights and why is it so alarming that in a majority of states' rapists retain these rights?
SENATE BILLS—Criminal, Traffic & Juvenile from the 98th General Assembly By Steve Baker Criminal Justice, December 2013 Recent legislation of interest to criminal law practitioners.
Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Non-citizen Guilty Pleas after Padilla v. Kentucky By Patrick M. Kinnally International and Immigration Law, November 2013 The issue of a trial court admonishing anyone of the potential immigration ramifications surrounding a guilty plea is substantial if the accused is a non-citizen.
HOUSE BILLS—Criminal, Traffic & Juvenile from the 98th General Assembly By Steve Baker Criminal Justice, November 2013 Recent legislation of interest to criminal law practitioners.