Section Newsletters

Articles on Criminal justice

Case Note: In People v. Carter, the First District Appellate Court Determined That Before the Trial Court Concludes That No Less Restrictive Condition Short of Pretrial Detention Will Suffice, It Must Consider All Statutory Conditions That May Be Imposed By Hon. Geraldine D’Souza Criminal Justice, September 2024 The First District Illinois Appellate Court case, People v. Carter, requires trial courts to consider every possible alternative to detention before imposing such an order.
Editors’ Column: Pretrial Fairness - One Year Later By Mark Kevin Wykoff, Sr. Criminal Justice, September 2024 A note from Co-Editor Mark Kevin Wykoff, Sr. on the one-year anniversary of the Pretrial Fairness Act.
Implementation of the Pretrial Fairness Act in Southern Illinois: Observations from the Ground Level By Tom Beley Criminal Justice, September 2024 A qualitative analysis of the Pretrial Fairness Act's implementation.
Pretrial Fairness Act Statutory Construction: Release of Defendants with Pending Petitions to Revoke Sentence By Hon. Joseph Pedersen Criminal Justice, September 2024 The Pretrial Fairness Act has fundamentally changed how courts address pretrial detention and release for individuals charged with new offenses, but it also limits the court’s authority to detain defendants with pending petitions to revoke their sentences.
A Safety Issue: How the SAFE-T Act Really Does Violate the Bail Clause By Evan Bruno Criminal Justice, September 2024 The implications of the SAFE-T Act on the bail clause.
Tweaking the Pretrial Fairness Act: Amendments to Supreme Court Rules for Appealing Pretrial Release or Detention Decisions By Professor Paul Cain Criminal Justice, September 2024 A look at how the Pretial Fairness Act's appeal process works after the Illinois Supreme Court amended rules and adopted recommendations.
Criminal Justice Section Council Contributions By Julia Kaye Wykoff Criminal Justice, July 2024 A summary of the impact the Criminal Justice Section Council has made to the Illinois State Bar Association and statewide criminal law community over the past few years.
Guilty Pleas Following People v. Wells By Hon. Randy Rosenbaum Criminal Justice, July 2024 The Illinois Supreme Court considered whether a defendant is entitled to additional jail credit after a negotiated plea in People v. Wells.
Judicial Notice and Expert Testimony By Alan Downen Criminal Justice, July 2024 In People v. Heineman, the Illinois Supreme Court held that administrative regulations have the force and effect of law, not fact, meaning that when a circuit court takes judicial notice of an Illinois administrative rule it accepts that rule’s existence but not its truth.
Reimagined Incarceration: Rehabilitation, Restoration and Re-Entry, the Pillars of Kewanee Life Skills Re-Entry Center By Kristine Honiotes Criminal Justice, July 2024 Kewanee Life Skills and Re-Entry Center accomplishes what it sets out to achieve: Preparing inmates for post-incarceration life.
Bevis v. City of Naperville and the Current State of the Second Amendment By Benjamin Lawson Criminal Justice, March 2024 An overview of how we arrived at our present state of ambiguity about the second amendment’s scope and what the seventh circuit’s recent ruling in Bevis v. City of Naperville can tell us, if anything, about where we’re headed.
Is Silence an Admission? By Terrence Wallace Criminal Justice, March 2024 In People v. Pinkett, the Illinois Supreme Court recently held that a defendant’s post arrest silence was neither material nor relevant to show consciousness of guilt.
1 comment (Most recent March 18, 2024)
Is Silence an Admission? By Terrence Wallace Traffic Laws and Courts, March 2024 In People v. Pinkett, the Illinois Supreme Court recently held that a defendant’s post arrest silence was neither material nor relevant to show consciousness of guilt.
Voluntary Intoxication to Negate Specific Intent? People v. Grayer Gives the Green Light By Mark Kevin Wykoff, Sr. Criminal Justice, March 2024 The Illinois Supreme Court recently considered whether evidence of voluntary intoxication is relevant to the issue of intent given that the legislature amended section 6-3 of the Criminal Code of 1961, removing voluntary intoxication as an affirmative defense
Detention Hearings Under the Pretrial Fairness Act: A Short Guide to New Rules and Procedures By Darren O’Brien Criminal Justice, November 2023 An overview of the Pretrial Fairness Act, which recently went into effect.
Constructive Possession in People v. Teranza Jones By Kellyn Doyle Coakley Criminal Justice, October 2023 In People v. Teranza Jones, the Illinois Supreme Court considered constructive possession by affirming the lower appellate court’s decision.
Mens Rea Requirement Necessary for a Conviction on Possession of a Defaced Firearm By Jessica Koester Criminal Justice, October 2023 In People v. Ramirez, the Illinois Supreme Court held that the state must prove that a defendant knew that the serial number on the firearm had been altered or defaced in order to secure a conviction for possession of a defaced firearm.
Pretrial Fairness Act in Appellate Practice By Julia Kaye Wykoff Criminal Justice, August 2023 An overview of Pretrial Fairness Act appeals.
1 comment (Most recent August 15, 2023)
The Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act Passes Constitutional Muster By Mark Kevin Wykoff, Sr. Criminal Justice, August 2023 The Illinois Supreme Court recently considered the constitutionality of Public Acts 101-652 and 102-1104, which dramatically changed the statutory framework for pretrial release of criminal defendants in Illinois.
1 comment (Most recent August 15, 2023)
Automatic Substitution of Judge Wrongfully Denied By Donald J. Ramsell Criminal Justice, February 2023 In People v. Brusaw, the appellate court considered what happens when a defendant files a motion for substitution of judge and the motion is never acted upon.
Pre-Trial Fairness Act: Elimination of Cash Bail Held in Abeyance By Julia Kaye Wykoff Criminal Justice, February 2023 The most controversial component of the Pretrial Fairness Act, eliminating cash bail, was scheduled to become effective on January 1, 2023—however, it was declared unconstitutional in the weeks leading up to the effective date.
Probable Cause Following Legalization of Cannabis Revisited By Jessica Koester Criminal Justice, February 2023 The court recently considered whether the odor of cannabis is probable cause to search a vehicle in People v. Redmond.
The Changing Landscape of Juvenile Offenders & Armed Habitual Criminal By Daniel L. Fultz & Julia Kaye Wykoff Criminal Justice, December 2022 Recently, the Illinois Supreme Court addressed whether a juvenile’s conviction constitutes a qualifying offense for purposes of Class X sentencing under section 5-4.5-95(b) of the Unified Code of Corrections.
Illinois Supreme Court Implements New Rule Regarding Trial Exhibits By Hon. Geraldine D’Souza Criminal Justice, December 2022 The recently-approved Illinois Supreme Court Rule 455 takes effect on Jan. 1, 2023.
Evaluating Structural Error following People v. Jackson, 2022 IL 127256 By Julia Kaye Wykoff Criminal Justice, November 2022 In People v. Jackson, the Illinois Supreme Court considered whether the trial court’s error in polling only 11 of 12 jurors constituted “structural error” for purposes of applying the second prong of Illinois’s plain error rule.
Inappropriate Comment in Rebuttal Closing Argument? By Hon. Randall B. Rosenbaum Criminal Justice, November 2022 In People v. Mudd, the Illinois Supreme Court considered whether the prosecutor made an inappropriate comment in rebuttal closing argument.
Practice Pointer: Is a Jury Trial Waiver Irrevocable in All Circumstances? Not Always. By Mark Kevin Wykoff, Julia Kaye Wykoff, & Daniel Fultz Criminal Justice, November 2022 In People v. Bracey, the defendant argued before the appellate court that his jury waiver, executed prior to his first trial, was not valid with respect to his second trial.
Casenote: Evans v. Cook County State’s Attorney By Alan C. Downen Criminal Justice, April 2022 In Evans v. Cook County State’s Attorney, the Illinois Supreme Court considered whether Alfred Evans, Jr. should have been issued a Firearm Owner’s Identification card.
Casenote: People v. Johnson By Mark Kevin Wykoff & Julia Kaye Wykoff Criminal Justice, April 2022 In People v. Johnson, the Illinois Supreme Court considered whether defense counsel’s failure to seek the testing of a potentially exculpatory DNA sample constituted the ineffective assistance of counsel.
Motion to Resentence by the People: What It Is, the Impact, and How It Affects Criminal Sentences in Illinois By Brendan Bukalski Criminal Justice, April 2022 On Jan. 1, 2022, 725 ILCS 5/123, entitled "Motion to Resentence by the People," went into effect, vesting courts with the authority and state's attorneys with the ability to modify a sentence, regardless of when that sentence was imposed.

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