Section Newsletter Articles on Criminal Law

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
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?
Case notes By Hon. James A. Shapiro, Greg Funfsinn, James Stern, and Lori G. Levin Criminal Justice, June 2010 Recently decided criminal cases.
Expungement reconsidered By Joshua D. Carter Human Rights, May 2010 What is expungement good for? Such records are not available to employers through the official channels and, perhaps more importantly, it is illegal under the Illinois Human Rights Act for an employer to consider any criminal history information which has been ordered expunged or sealed.
Expungement. What is it good for? (with apologies to Edwin Starr) By Thomas A. Bruno Human Rights, May 2010 Can a record ever really be expunged when material posted online can be searched in perpetuity?
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.