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Criminal Law

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Full-Text Articles in State and Local Government Law

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy Jan 2015

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual …


Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin Apr 2014

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …


A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe Jan 2013

A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill Jan 2012

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill Jan 2010

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill Jan 1992

Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Driving Under The Influence In Illinois, 22 Loy. U. Chi. L.J. 551 (1991), Robert G. Johnston, Thomas P. Higgins Jan 1991

Driving Under The Influence In Illinois, 22 Loy. U. Chi. L.J. 551 (1991), Robert G. Johnston, Thomas P. Higgins

UIC Law Open Access Faculty Scholarship

No abstract provided.


Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill Jan 1990

Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill Jan 1989

Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Automobile Stops And Searches: The Law In Illinois, 19 Loy. U. Chi. L.J. 1045 (1988), Ralph Ruebner Jan 1988

Automobile Stops And Searches: The Law In Illinois, 19 Loy. U. Chi. L.J. 1045 (1988), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.


Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody Jan 1987

Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody

UIC Law Open Access Faculty Scholarship

No abstract provided.


“With Malice Toward None”: A Solution To An Illinois Homicide Quandary, 32 Depaul L. Rev. 107 (1982), Timothy P. O'Neill Jan 1982

“With Malice Toward None”: A Solution To An Illinois Homicide Quandary, 32 Depaul L. Rev. 107 (1982), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.