“Be it enacted…”
Many of the ISBA Section Councils spend a great deal of time each Spring reviewing new legislation that has been introduced in both the Illinois House and Senate.
Case law update
Danville police officers, while observing two females sitting in a pickup truck, noticed a bottle of beer in the center console. Suspecting underage drinking, they stopped to identify both individuals.
Happy Holidays! I hope that you enjoy this edition of the Criminal Justice newsletter.
This issue begins with Part II of Steve Baker's Legislative Update. Briefs on the latest important case law are also included.
Thanks and kudos to Steve Baker, DuPage County Public Defender, for his efforts in creating the Legislative Update.
Enacted criminal legislation 2002: Part II
Amends the Liquor Control Act of 1934. Provides that local liquor commissioners have the duty to report to the Secretary of State any conviction for a violation of the Act's provision, or a similar provision of a local ordinance, prohibiting a person under 21 from purchasing, accepting, possessing, or consuming alcoholic liquor and prohibiting the transfer or alternation of identification cards, the use of the identification card of another or a false or forged identification card, or the use of false information to obtain an identification card.
The lie detector as a psychological rubber hose
This article focuses not on the "custodial" aspects of any of the police and/or DCFS contacts with the accused, but rather the effect of taking and failing a polygraph test on the issue of voluntariness.
One picture is worth a thousand words
This is a time-tested concept that everyone understands. In the New World of covert and surreptitious surveillance, you never know when you might be photographed or recorded on live camera.
People v. Blaylock
In 1993, the defendant, Camerun Blaylock, was charged with six counts of home invasion and five counts of first degree murder.
People v. Jackson
In a case of first impression, the Illinois Supreme Court reversed the trial and appellate courts, holding that, in a criminal bench trial, the State may not introduce evidence relating to a witness' polygraph test "for a limited purpose" if that purpose had not been established prior to the admission of the evidence.
What you see…is what you get
Ancient history (the 1960s) makes me think of this phrase often attributed to Flip Wilson and the great singing group The Dramatics. All defense lawyers face the specter of Strickland claims.