Publications

Section Newsletter Articles on Criminal Law

Fraud Enforcement and Recovery Act of 2009 By Howard Z. Gopman Business and Securities Law, May 2010 A brief summary of the criminal and civil provisions of the Act.
Women in the criminal justice system—Justice delivered or denied? By E. Nicole Carrion Women and the Law, May 2010 A recap of the February CLE program sponsored by the Standing Committee on Women and the Law.
People of the State of Illinois v. Delvillar—The Illinois Supreme Court construes statute on guilty pleas of noncitizen criminal defendants facing deportation and other immigration consequences By Christina J. Murdoch, Kathryn R. Weber, and Scott D. Pollock International and Immigration Law, March 2010 The decision may not be as devastating to non-citizens as it seems on the surface.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, January 2010 House Bills from the 96th Illinois General Assembly
Case Notes By John J. Rekowski, Debra A. Seaton, and Jameika Mangum Criminal Justice, December 2009 Recent criminal law cases.
SENATE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2009 Illinois Senate bills of interest to criminal law practitioners.
Case summaries By Robert B. Anderson, Steve Baker, Kevin P. Nolan, Marc D. Wolfe, and Jacqueline M. Aldrich Criminal Justice, October 2009 Recent cases of interest to criminal law attorneys.
Substance abuse—A perspective for use in plea bargaining By Ralph E. Guderian Criminal Justice, October 2009 In Illinois, if the defendant’s intoxicated or drugged condition was voluntarily produced, it cannot be raised as an affirmative defense during trial to avoid criminal responsibility for his or her conduct. However, during plea bargaining, 402 conferences, sentencing and the like, the defendant’s conduct can be considered as being the result of such use, abuse or dependence.
Criminal prosecution under the Occupational Safety and Health Act By MIchael R. Lied Labor and Employment Law, September 2009 Employers do not typically think about the possibility of criminal liability under the Occupational Safety and Health Act. However, Section 17(e) of the Act punishes any employer convicted of willfully violating any standard, rule, order or regulation prescribed pursuant to the Act, if that violation caused an employee’s death. 
Case summaries By Lori G. Levin, Steve Baker, David B. Franks, Hon. Michael P. McCuskey, Sandra Blake, George G. Leynaud, and Judith Lozier Criminal Justice, May 2009 Recent cases of interest to criminal law attorneys.
Case summaries By George D. Lenard, Hon. Daniel M. Locallo, John J. O’Gara, Jr., and Ron Lewis Criminal Justice, April 2009 Recent cases of interest to criminal law attorneys.
“Cross-Section of Immigration and Criminal Law: Immigration Consequences of Criminal Offenses:” Upcoming CLE sponsored by the International and Immigration Law Council and co-sponsored by the Criminal Justice Council By Anne M. Skallerup International and Immigration Law, April 2009 The International and Immigration Law Council and the Criminal Justice Council have organized a Continuing Legal Education class intended to educate criminal defense and immigration attorneys who represent noncitizens of the impact that criminal offenses have on the immigration status of their clients.
Truth-In-Sentencing Guide By Steve Baker Criminal Justice, April 2009 730 ILCS 5/3-6-3(a)(2)
Case summaries By Hon. Richard D. Russo, Hon. Daniel B. Shanes, Steve Baker, and Richard S. Gutoff Criminal Justice, January 2009 Recent cases of interest to criminal law attorneys.
Legislation—Passed Bills, Part II By Steve Baker Criminal Justice, January 2009 Recent legislation of interest to criminal law attorneys.
What you need to know about consular notification for the defense—What difference can consular notification make? By Scott D. Pollock International and Immigration Law, January 2009 Foreign nationals in the U.S. find themselves in a difficult situation when they are in criminal or immigration proceedings.
Case summaries Criminal Justice, December 2008 In People v. Exson, 2008 Ill. App. LEXIS 947, 2008 WL 442681 (1st Dist. September 29, 2008) the Illinois Appellate Court held the trial court abused its discretion by granting the State’s 30 day continuance motion on the 119th day of the 120-day period under the Speedy Trial Act.
Legislation—Passed Bills, Part I By Steve Baker Criminal Justice, December 2008 Includes legislation from 2007 with a 6-1-08 effective date.
SOL vs. Nolle? What is the difference? The Ferguson Formula By Sean D. Brady Traffic Laws and Courts, December 2008 What is the difference between a criminal case that is stricken with leave to reinstate (SOL’d) and a criminal case that is nolle prosequied?
Case summaries Criminal Justice, November 2008 In People v. Rodriguez, 229 Ill. 2d 285; 891 N.E.2d 854; 2008 Ill. LEXIS 375; 322 Ill. Dec. 563, the Illinois Supreme Court was faced with the applicability of the 15 year enhancement provision when a person is convicted of First Degree Murder under a theory of accountability.
Recent developments, trends, and milestones in the Antitrust Division’s Criminal Enforcement Program By Scott D. Hammond Antitrust and Unfair Competition Law, September 2008 The detection, prosecution, and deterrence of cartel offenses remain the highest priority of the Antitrust Division.
Case summaries Criminal Justice, June 2008 Johnnie Wilson was in his apartment on February 3, 2003 when his parole officer and two Chicago police officers entered.
Legislation-Passed bills By Steve Baker Criminal Justice, June 2008 The following are summaries of new legislation in Illinois affecting the practice of criminal law. As these are summaries only, the Public Act should be reviewed before reliance.
Pre-conviction DNA gathering By Thomas A. Bruno Bench and Bar, June 2008 The FBI has proposed taking tissue samples of all persons arrested by the FBI for submission to the FBI’s DNA database. Privacy rights advocates will surely test the validity of this policy in court.
Case summaries By David B. Franks and Hon. John A. Wasilewski Criminal Justice, May 2008 In 2000 the victim hired defendant and another individual to perform electrical work in her apartment. The project lasted several months.
Legislation-Passed bills Part 1: By Attorney Steve Baker Criminal Justice, May 2008 The following are summaries of new legislation in Illinois affecting the practice of criminal law.  
Use of 735 ILCS 5/2-1401 in criminal cases By Hon. Michael Kiley Bench and Bar, May 2008 The first time I had an attorney present me with a 2-1401 petition in a criminal case, I was certain I was dealing with someone who was either inexperienced or desperate after missing a 30-day deadline for filing a post-judgment motion.
Case summaries Criminal Justice, January 2008 In the Circuit Court of Peoria County, the defendant was convicted of the offense of Armed Robbery after a jury trial.
Criminal justice reform By Julie Hamos Human Rights, January 2008 Congratulations to you, Judge Eugene Pincham, for receiving the Elmer Gertz Lawyer award for your lifetime of public service fighting for the underserved and marginalized.
Case summaries Criminal Justice, November 2007 A probation officer lacks the authority to file a petition to revoke a defendant’s supervision and the trial court has no authority to consider the petition. People v. Kellems, 373 Ill.App.3d 1129 (2007).