Publications

Section Newsletter Articles on Criminal Law

SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, January 2013 Recent legislation of interest to criminal law practitioners.
Case note By Geraldine D’Souza Criminal Justice, December 2012 A summary of The People of the State of Illinois v. Terrell D. Geiger.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2012 Recent legislation of interest to criminal law practitioners.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcement By Mark T. Vazquez Traffic Laws and Courts, December 2012 Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
Case note By Mark Kevin Wykoff Criminal Justice, November 2012 In People v. McKinney, Defendant pled guilty to burglary based on the erroneous advice of counsel. The issue before the appellate court was whether Defendant was entitled to withdraw his plea and pursue his request for admission to the program.
The constitutionality of criminalizing cyberbullying By Lauren Roadman Alternative Dispute Resolution, November 2012 The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.
Objects under the rearview mirror may be more of a material obstruction than they appear By Rob Shumaker Criminal Justice, November 2012 Objects dangling from the rearview mirror may justify a traffic stop but only if they constitute a material obstruction. The author addresses the case law on this issue and offers practice tips to determine whether an object materially obstructs a driver’s view of the road.
Case note By Mark Kevin Wykoff, Sr. Criminal Justice, August 2012 A summary of The People ex rel. James W. Glasgow, Petitioner, v. Gerald R. Kinney, Judge, Respondent.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcement By Mark T. Vazquez Criminal Justice, August 2012 Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
A quick guide to the DNA database law in Illinois and the 2012 updates By Paul R. Vella Government Lawyers, June 2012 Pursuant to 730 ILCS 5/5-4-3, a person convicted of, found guilty of, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense shall be required to submit a specimen of blood, saliva, or tissue to the Illinois Department of State Police. 
Case notes By Andrea Mesko, Mark Kevin Wykoff, Sr., Jesus Ricardo Rivera, David B. Franks, and James Stern Criminal Justice, March 2012 Recent cases of interest to criminal law practitioners.
An interview with State Representative Robyn Gabel on House Bill 1958 and the shackling of pregnant prisoners By Mary F. Petruchius Women and the Law, March 2012 An interview with Robyn Gabel, who sponsored a bill in the Illinois House of Representatives aimed to improve conditions for pregnant prisoners.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, February 2012 Recent cases of interest to criminal law practitioners.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2011 Recent legislation of interest to criminal practitioners.
Case notes By Hon. John A. Wasilewski, Mark Kevin Wykoff, Sr., Steve Baker, and John J. Rekowski Criminal Justice, November 2011 Recent cases of interest to criminal attorneys.
Legislative update: From the governor’s office to the law office By Richard W. Zuckerman General Practice, Solo, and Small Firm, September 2011 Recently signed legislation that may have affect general practitioners.
A look at first offender deferred judgment By Joe Cataldo Bench and Bar, August 2011 ISBA’s proposal #97-20 proposes a first offender deferred judgment sentencing option for certain felony offenses.
Federal jury acquits in-house counsel of criminal charges arising from client’s response to government investigation By Lisa Simmons Corporate Law Departments, July 2011 A federal judge has acquitted a former in-house lawyer for GlaxoSmithKline of six criminal charges that she obstructed a federal investigation and made false statements to investigators.
The New U-Visa Regulations directly undermines Congressional intent to foster a better relationship between justice system and immigrant crime victims By Stavri Vako International and Immigration Law, July 2011 Each time a law enforcement agency refuses to sign a U-Visa certification, perpetrators of crimes against immigrants are not prosecuted. Immigrant victims who are willing to aid law enforcements in their investigations are blocked in their efforts by the lack of certification from obtaining relief under the Violence Against Women Act. Such result is not what Congress intended when it created the U-Visa Program.
Case notes By Hon. Richard D. Russo, Robert B. Anderson, and Lori G. Levin Criminal Justice, June 2011 A summary of recent cases of interest to criminal law practitioners.
Crimes involving moral turpitude: Do attempts count? By Mark E. Wojcik International and Immigration Law, June 2011 Section 237(a)(2)(A)(ii) of the Immigration and Nationality Act covers convictions for crimes involving moral turpitude but it does not expressly include attempt offenses.
So your client has given you physical evidence of a crime… By J. Randall Cox Traffic Laws and Courts, May 2011 On the one hand, the delivery to the attorney is a communication which the attorney is required to protect. (Rule 1.6) However, an attorney is not to unlawfully obstruct another party’s access to evidence. (Rule 3.4) How is this conflict resolved? The courts of Illinois do not appear to have directly addressed this.
Case notes By Hon. Kimberly L. Dahlen, Debra A. Seaton, Hon. Michael Kiley, Ava George Stewart, and Randall Rosenbaum Criminal Justice, April 2011 Recent decisions affecting criminal law in Illinois.
Case note By Kevin P. Nolan Criminal Justice, December 2010 A look at the recent Illinois Supreme Court case of People v. Phipps.
SENATE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, December 2010 Senate Bills passed by the Illinois General Assembly.
HOUSE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, November 2010 House Bills passed by the Illinois General Assembly.
Synopsis of statewide report on “Examining at-Risk and Delinquent Girls in Illinois” By Lori G. Levin Women and the Law, October 2010 Girls, both in Illinois and nationally, comprise the fastest growing population in the juvenile justice system. See the full report at www.icjia.state.il.us.
Victim-offender mediation: An alternative By Don C. Hammer Child Law, September 2010 During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.
Case note By David B. Franks Criminal Justice, August 2010 A look at the case of People v. Bridgewater, 235 Ill.2d 85 (2009).
The fine vs. fee conundrum By Stephanie Anders and Rob Shumaker Criminal Justice, August 2010 What are the differences between a fine and a fee, and why do those differences matter?