Now showing items 1-20 of 170

    • "Attempted Threat" Crimes and Oduwole 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-04-23)
      Last month, an appellate court reversed the conviction of Olutosin Oduwole — a former Southern Illinois University student and aspiring rap artist — for an “attempt to make a terroristic threat” (People v. Oduwole, __ ...
    • Recording Police Interrogations Has Worked -- And Should Be Expanded 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-05-29)
      Legislation to expand the use of audio and video recordings of police interrogations of criminal suspects is now pending in the Illinois General Assembly. As originally conceived, the bills would modify the current statute ...
    • Afterthought Crimes and the Felony Murder Rule in Illinois 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-07-22)
      Last month, the Mississippi Supreme Court held that a defendant who decided to commit a robbery after killing his victim could be convicted of capital murder on the basis of a “felony-murder” theory. In other words, in ...
    • The Oddly Perverse Consequences of Mandatory Sentencing Enhancements 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-08-19)
      In June, the Illinois 2nd District Appellate Court reversed the first-degree murder conviction of defendant Gareng Deng under rather unusual circumstances. Deng, who pleaded guilty to a killing in 2009 in exchange for 35 ...
    • The Evolving Right to Counsel on State Post-Conviction Review 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-09-26)
      Fifty years after Gideon v. Wainwright announced that lawyers at state criminal trials are constitutional necessities and not luxuries, the metes and bounds of the right to counsel are still being hashed out in the courts. ...
    • Dictionary Blues: Judicial Reasoning Muddied by Definition Wrangling 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-10-24)
      Maybe it would be best if judges left their dictionaries on the shelf. That’s the conclusion I reached after reading an Illinois court opinion last month, in which the decision turned on the dictionary definition of a ...
    • Investigative Alerts: Smart Policy or a Way to Skirt Warrants? 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-11-25)
      Chicago’s little-understood “investigative alert” system has been in the news a lot in the past year. It was denounced by an appellate court judge as an “end run” around the Constitution and criticized in a news story as ...
    • Serious Discussions Needed on Police Tactics and False Confessions 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-12-26)
      It’s a phenomenon that detectives, prosecutors, jurors and even defense lawyers typically have trouble believing: Sometimes suspects will confess to serious crimes even when they are completely innocent. “I certainly ...
    • Life Without Parole for Juveniles and the Retroactivity Mess 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-01-20)
      Over the past year, the Illinois appellate courts have been making a muddle of our state’s retroactivity doctrine, stretching the law by ordering some prisoners who committed murders as juveniles to be resentenced. The ...
    • Overcorrecting Jury Instruction Errors 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-02-18)
      In November, a state appellate court threw out the first-degree murder conviction of Daniel Belknap, who had been found guilty in the beating death of a young girl in 2006. The Illinois Supreme Court is now deciding whether ...
    • Pro Bono Scholars Idea Could Enhance Legal Education, Provide Aid to Needy 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-03-26)
      New York’s chief judge, Jonathan Lippman, is floating an idea that in one fell swoop would alter the structure of legal education in his state and enhance legal services for the poor. His Pro Bono Scholars proposal would ...
    • Eavesdrop Law's Demise Means Loss of Privacy 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-04-17)
      Last month, the Illinois Supreme Court struck down a key provision of our state’s anti-eavesdropping laws. The high court held in a pair of cases that it’s unconstitutional to punish someone as a felon simply for audio ...
    • Fascinating Legal Questions Posed in Recent Criminal Law Cases 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-05-15)
      Each month, as I prepare to draft this column, I place new judicial opinions from the Illinois criminal courts into a file folder. I also add newspaper clips covering all sorts of crime-related topics, from flawed police ...
    • Illinois Supreme Court Should Consider Reasonable Doubt Issue 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-06-25)
      Last month, a state appellate court reversed the conviction of Mark Downs —a gang member serving 70 years for the murder of a 6-year-old boy — because the trial court attempted to answer a jury question about the definition ...
    • The Due Process Failings of Student Disciplinary Board Hearings 

      Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-07-31)
      If you want to understand why the “technicalities” of a criminal trial are important — things like hearsay rules, an elevated burden of proof and the right to counsel — try sitting in on a university disciplinary hearing, ...
    • No Room Left for Doubt: New Revelation About Guantánamo 

      Falkoff, Marc D. (Northern Illinois University College of Law, 2009-03-05)
      Recent release orders, statements by some military lawyers and judges, and the military’s own admission of detention mistakes all confirm that the only way for the Obama administration to restore our legal system’s legitimacy ...
    • Guantánamo in the Supreme Court: Welcome Back, Welcome Back, Welcome Back 

      Falkoff, Marc D. (Northern Illinois University College of Law, 2008-03)
      Boumediene v. Bush is the latest of the Guantánamo detainee cases to make it to our nation’s highest court, and it will be the third time that the Justices take a metaphorical tour of Guantánamo in order to sort out some ...
    • The Inadvisability of Nonuniformity in the Licensing of Cover Songs 

      King, Yolanda M. (2016)
      In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response ...
    • The Local Rules Revolution in Criminal Discovery 

      McConkie, Daniel S., Jr. (2017)
      Over the last few decades, federal district court judges throughout the country have used local rules to greatly expand pretrial criminal disclosure obligations, especially for prosecutors. These local criminal discovery ...
    • Wrongful Convictions and Their Causes: An Annotated Bibliography 

      Nejdl, Clanitra Stewart (2017)
      This Annotated Bibliography directs attorneys to relevant, select legal periodical articles written from 2010 to 2016 on wrongful convictions and their causes. The authors focus on five major causes that lead to wrongful ...