Criminal Justice

The newsletter of the ISBA’s Section on Criminal Justice

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2020 Articles

Case Note: People v. Morger By Mark Wykoff & Julia Wykoff April 2020 In People v. Morger, the Illinois Supreme Court considered whether a “complete ban on accessing ‘social networking websites’ as a condition of probation is unreasonable and unconstitutional under the First Amendment.”
Casenote: People v. Morger, 2019 IL 123643 By Steve Baker August 2020 A summary of People v. Morger, which looks at whether a statute prohibiting sex offenders from accessing social media is constitutional.
Demystifying Cannabis in Illinois for Individuals: What You Need to Know to Advise Your Clients and Potential Clients By Brendan Bukalski December 2020 A look at the limitations placed on cannabis users in Illinois under the Cannabis Regulation and Tax Act, as well as a discussion of ongoing issues related to cannabis in the state.
2 comments (Most recent December 20, 2020)
The First Amendment and Disorderly Conduct By Robert Deters December 2020 The Illinois Supreme Court recently looked at whether pure speech alone can be criminal in People v. Swenson.
From the Editor By Linda Watson April 2020 A note from the editor, Linda Watson.
Go Six By Ted Hammel April 2020 Time constraints and pressures can be diminished considerably with a six-person jury, and there is no empirical evidence that a smaller jury renders different results.
The Illinois Bar Foundation Needs Your Help By Rory T. Weiler December 2020 The Illinois Bar Foundation, which assists fellow lawyers who have fallen upon hard times, has acted quickly to address the economic crisis that has resulted from COVID-19.
Illinois Supreme Court Rule 415(c) By Robert McIntire April 2020 An analysis of Illinois Supreme Court Rule 415(c).
1 comment (Most recent May 8, 2020)
Legalization Notwithstanding, Smelling or Seeing Cannabis Still Helps Establish Probable Cause for Police to Search Your Car By Daniel Fultz August 2020 In March 2020, the Illinois Supreme Court unanimously ruled in People v. Charles Hill that seeing and smelling cannabis is still a factor in determining whether probable cause exists for law enforcement officers to search a car.
Must-Know Key Components of Expungement & Sealing Law By Kristine Honiotes April 2020 Due to the ever-changing expansion of the expungement and sealing legislation, attorneys should be prepared to advise their client of the shorter-term consequences that arise from an arrest, their plea, or finding of guilt.
People v. Sophanavog: Waivers at Plea and the Ripple Effect By Mark Kevin Wykoff, Sr. & Julia Kaye Wykoff December 2020 In August, the Illinois Supreme Court issued its opinion in People v. Sophanavong, where the court considered whether a circuit court’s failure to strictly comply with the requirements of section 5-3-1 of the Unified Code of Corrections to forgo a presentence investigation report requires remand for a new sentencing hearing or whether a defendant can waive the issue by pleading guilty as well as forfeit the claim by failing to raise it in a post-plea motion.
‘Public’ Hearings: People v. Radford and COVID Considerations By Geraldine D’Souza & Linda Watson December 2020 In People v. Radford, the Illinois Supreme Court held that the trial court did not violate the defendant’s Sixth Amendment rights to a public trial when it partially closed the courtroom during the jury selection process.
1 comment (Most recent December 17, 2020)
Restoration of Gun Rights After Domestic Battery Conviction By James Stern August 2020 A summary of Johnson v. State Police, in which a Firearm Owner’s Identification card was revoked under the Firearm Owners Identification Card Act (430 ILCS 65/8(n) due to a conviction for a misdemeanor involving domestic violence.
The True Owner: Statutory Amendment to Forfeiture Statute Narrows Field of Claimants By Jordan M. Kielian August 2020 The topic of civil asset forfeiture recently made the national spotlight with the United States Supreme Court’s ruling in Timbs v. Indiana.