2002 Articles

Analysis of active legislation for 2002 By Don Hays October 2002 1. H.B. 0136: Amends the Criminal Code. Creates the offense of "Conspiracy Against Civil Rights.

Case law notes March 2002 The Fourth District Appellate Court recently ruled that homemade crack pipes were not drug paraphernalia under 720 ILCS 600/2(d).

Case notes February 2002 Relsolelo v. Fisk, No. 90623 (Supreme Court of Illinois), Illinois Constitution Art I, § 10 does not provide a person with a privilege against self-incrimination in regard to a potential criminal prosecution by a foreign sovereign.

Double jeopardy By Kimberly L. Dahlen March 2002 In People v. Bellmyer, the issue on appeal was whether the trial court erred in denying defendant's motion to dismiss based on double jeopardy where the parties had completed a stipulated bench trial, but the court refused to enter a verdict.

Editor’s column October 2002 As the newly-appointed editor of the Criminal Justice Section Council newsletter, I want to take this opportunity to ask for your help in making this year's newsletters complete.

Expert witnesses: A view from the bench By John A. Wasilewski December 2002 The expert witness is an indispensable witness in many court cases. Although a layperson can give an opinion as to many situations, the expert witness is necessary in many important cases.

Financial identity theft By Philip R. Viktora March 2002 On August 13, 1999 Illinois enacted the "Financial Identity Theft and Asset Forfeiture Law."

From the Illinois Supreme Court By David P. Bergschneider, Michael J. Pelletier, & Michael C. Bennett February 2002 The Illinois Supreme Court found that the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), did not apply to certain Illinois sentencing statutes.

An overview of the NACDL annual meeting By Cheryl Powell October 2002 "Warriors for the Defense: New Strategies for Difficult Times" was the title of the Annual Meeting & Seminar of the National Association of Criminal Defense Lawyers (NACDL), held from July 31st through August 3rd in San Francisco, California.

People v. Davis By Marina Para December 2002 In July 1998, Larion Jackson, his brother Chris, and several friends were on a porch outside the Jackson home.

People v. Henderson By Randall Rosenbaum December 2002 As a matter of first impression in the State, the Third District Appellate Court ruled it is error for a trial judge to refuse to exercise discretion in determining whether a plea should be accepted or rejected on its merits simply because an arbitrary plea deadline has passed.

Six-person juries in criminal cases By Steve Baker December 2002 The subject of six-person juries has recently come up in DuPage County. Several local private attorneys choose to utilize them.