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Adv IL Crim Law


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Voluntary Act
a material element of every offense is a voluntary act, which includes an omission to perform a duty which law imposes and is physically capable of
Define Use of Force
the absence of consent; hinges on what the evidence of consent is
Forcible Offense
justifies use of deadly force to prevent it/arrest; felony murder eligible
Same physical act doctrine
Can't be convicted of multiple crimes for same offense; all must be charged at same time
Read in statute
5/4-3: if the statute doesn't have a mental state, read in intent, knowledge, recklessness as though in face of statute (IL frowns on negligence)
Apprendi case
D has to be given notice and prove b.r.d.; Enhancer are not elements of a crime, so don't need to include a mental state. EX) PCSI don't have to prove mental state of 1000 ft.
*If recividism is an enhancer does not have to be proven beyond a reasonable doubt.
Petty/business offenses liability
strict liability; no mental state rew'd; proving conduct is enough
Define accountability
responsible for crime of another if there is a common design to commit an offense; liable for it and consequences; Mental state for common design must be same as mental state of offense
Accountability exceptions:
1. innocent agent rule
2. if the offense is so defined that his conduct was inevitably incident to its commission (buyer cannot be charged for the sellers' action; one who accepts prostitution's offer cannot be charged w/ prostitution, only w/ patronizing)
Self Defense in Accountability
Self D is an intervening act and is not part of the common design, so cannot be incorporated into accountability of it.
felony, misdemeanor murder rule; indictment charges w/ main crime (don't charge accountability); mere presence alone is insufficient
highest penalty is class 4 felony, but other inchoate offenses are liability one below actual crime
1. Substantial step to commit the offense (dangerous proximity) and intent to commit it
2. Solicitation + slight act
Murder 2 and Attempt
Cannot have attempt 2nd degree murder b/c of the 2 mitigating factors (unreasonable selfd, sudden intense passion: prep of evid), no specific intent; incentive to kill 'cause probation for M2
Attempted Forcible Felony
can be basis for felony murder
Define solicitation
attempt to commit conspiracy; seeking out another to help you commit criminal conduct; occurs when the words are spoken/written; no overt or verbal act needed; Must prove the act of encouraging... w/ intent to commit the offense
1. specific intent to kill/gbh
2. knowledge will kill or inflict gbinj/ strong prob
*reas person (obj) w/ d's know (subj.)
3. felony murder (no ment st); does not need to be foreseeable and direct;
MIN 20 yrs; CLASS X
Felony Murder Rule
felony murder (no ment st); reasonably foreseeable that death would occur
Felony murder death penalty
1. Mental state: intentional or knowing
2. Act: active participation, D actually killed, or accountable for Co-D
3. Must be inherently violent forcible felony (can be attempted)
MURDER 2 (used to be vol manslaughter); mitigating factors
1. sudden and intense provocation
(spousal adultery, mutual quarrel, substantial physical assault, unlawful arrest)
2. imperfect defense
4-20 years; probational, Class 1
unintentionally kills another; evidenced by recklessness (conscious disregard for substantial risk); w/ vehicle, it's reckless homicide
(IL SCt must decide if can do something intentionally and recklessly).
Unborn Child
1. murder, must be a born person or can charge for unborn as a separate provision;
2. intentional: must know mother is pregnant
Drug Induced Homicide
Class X felony (biggest class after murder); does to dealers what forcible felony murder rule does to felons (hard to establish dealer)
Death Penalty Reforms
1. must video tape murder confessions or can be thrown out under exclus rule even when rts not violated
Exceptions: prep of evid
a) statement made under exigent circumstances
b) investigators unaware death has occurred
c) recording isn't feasible
2. Fundamental justice amendment: app ct can make fund dec if guy deserves to die, instead of just looking to procedural aspects of it
3. jailhouse snitch
general: secretly confines another against his or her will;
specific: by force or threat of force carries another away w/ the intent to secretly confine him; or
by deceit or enticement induces another to go from one place to another w/ the intent to secretly confine him
Levy-Lombardi Rule: to determine whether a kidnapping occurred or whether the detention and asportation of a victim were merely a part of another crime
1. duration of the asportation or detention
2. whether the a or d occurred during the sep offense
3. whether the a or d was inherent in the sep offense
4. whether the a or d created a signif danger to the victim indpt. of that posed by the sep offense (assumed if the a and d happened b/f the other crime: facilitated the other crime)
Levy Lombardi rule cont'd
if the a or d occurs prior to, or lasts longer than, the underlying felony, then a sep kidnapping conviction can stand
Parent/Child Kidnapping Defenses
*Any parental consent is a defense to kidnapping and so when a parent kidnaps, covered by child abduction statutes
*Under 13 is always against his will, without parental consent
intentionally lures or attempts to lure for other than a lawful purpose
*luring is prima facie evidence of other than a lawful purpose (converted this presumption into a permissive inference in Woodrum)
* parent usually differentiates this from kidnapping
Adultery/ Fornication
diminishes the integrity of the rest of the code 'cause not enforced and follows CSA; "promotes morals"
17 to consent; 18 if position of authority, no matter when contact began (Reynolds); See chart for ages.
victim under 12 and D is over 17
Prostitution v. Patronizing a prostitution
Prostitution is penetration or touching for consideration; only liable for patronizing if:
1. engages in sex penetration
2. remains in place w/ intent to engage in sex penetration
(handjobs illegal for prostitute, but not for patron)
Sexual Abuse v. Assault
abuse: spec intent crime to commit the conduct (contact)
assault: general intent crime: generally knowing or intl, but caselaw discusses recklessness can apply (penetration)
the lack of verbal or physical resistance does not constitute consent (consent is kind of an affirmative yes or action)
Proportion of Penalties Clause
Cross comparison test has been thrown out (Sharpe). Tests:
1. Elemental test: compare a penalty to a different offense w/ the same elements, and there is a violation if diff sentences (Christy: armed violence w/ weapon and agg kidnapping))
2. Cruel, Degrading, or So wholly Disproportionate as to Shock the moral sense of the community
Sex Offender Registration
1. Misdemeanors: reg for 10 yrs
2. Felonies and agg: life
3. Anything other than acquittal must register
4. Juvenile must still register even when reachers majority: blanket nature, undercuts foundation of juv just act
Place in reasonable apprehension of receiving a battery.
Class C Misdemeanor
1. Cannot be just words; need something in addition, or it would be a free speech argument
2. Gang clothing may be circ evid to support
3. Must be immediate
Hate Crime Characteristics
1. victim doesn't have to be member of protected class (In re BC)
2. Doesn't need to have crim. conduct
3. IL has special safe zones where if commit hate crime (4), becomes a class 3
4. Becomes a 3 if 2nd (non-probational) defacto enhancement due to population density
1. surveillance 2+ times
2. threatening component: threat/ app of immediate or future bodily harm, sex assault, confinement, or restraint
Assault v. Intimidation
1. Assault: general intent
2. Intimidation: specific intent
3. Assault can be predicate for intimidation, but doesn't have to be
Home Invasion
1. class x mandatory; min 6
2. general intent
3. know or reason to know someone's home
4. enter and remain
5. easier to prove than res burg which is a non-prob class 1, min 4
1. take anything of value w/ intent to permanently deprive
2. 'Anything of value" ennumerates what's included; includes is seen as a word of exclusion that leaves out that not enumberate; BUT argue it's a broad first sentence (Perry: use of hotel room was not property)
Theft v. Retail theft
R. Theft= felony pros when $150
Theft= $300 value
*No state has retail theft < $500, but IL has an aggressive retail merchant's lobby
Robbery v. Vehicular Hijacking
Robbery= presence req'd
Vehic Hij= IMMEDIATE pres req
Categories of Dangerous Weapon
1. always dangerous
2. never dangerous
3. not necessarily dangerous (unloaded guns, heavy toy guns used as bludgeons)
4. not necessarily dangerous but were used in a dangerous way
Agg Robbery dang weapon
? 18.5: tells what dangerous weapons includes, but not what they are; only includes club, knife, bludgeon, firearm; doesn't help to leave ambiguous when courts have a 4 tiered test: put the case law into statute
Burglary and Res Burg
1. specific intent: knowingly enter or w/o authority remains w/in building w/ intent to commit a felony or theft therein (Decker feels People v. Ray rid of spec intent cause don't need to establish intended to enter a place if prove burg tools possession
2. Burg: class 2 felony, probational
3. Res Burg: non-probational!
4. SCt. found burg was not a lesser included offense of res burg, so legislature added it as one
Criminal Trespass
1. not a lesser inc of burg/res burg
2. knew/ should've known someone present: Class 4; no person= Class A
3. Could argue lesser inc of home invasion
4. uses residence instead of dwelling
1. property over $150
2. Class 2
3. Agg: includes firement/ cop injured as result (but for rule)
Crim Damage to Property
1. knowingly
2. consent's a defense
3. <$300: misdemeanor
4. Class 4 if at school, doesn't matter monetary amount
Institutional Vandalism
*like hate crime for property
Elements of Police Officer Offenses
1. resist or obstruct performance of an AUTHORIZED ACT
2. overt/ affirmative act (less focus in recent caselaw: failure to act is an act)
Exculpatory no doctrine
Denial of guilt is exempted from furnishing of false info.
*No longer applicable in IL
D has right to remain silent, not make a false statement.
Perjury intent
1. subjective intent of the party: "which he does not believe to be true."
2. At trial, the prosecution need not establish which statement is false. Irrelevant which one is true, just matters that there were contradictory statements made.
3. Affirmative Defense: at a trial (v. motion to suppress), a contradictory statement or false statement, as long as they come clean during that trial, bars prosecution from charging w/ perjury.
o Promotes telling truth
o Allows for lying to begin with
o What about other proceedings, not afforded at motion to suppress
⬢ Perjury for anything under oath.
Mob Action constitutionality
*2 or more persons to do an unlawful act (gangs)
1. Still in statute but fed ct struck down cause Daley 1 was using it as a way to remove protestors.
2. The unlawful act was violating some local ordinance that said you can’t be where I don’t want you to be.
• Unlawful Act: anything, littering… innocuous conduct may violate some municipal code but is not criminal
MOb Action unlawful purp and Child Abduction other than a lawful purp
child abduction: "other than a lawful purpose" supplies an action
o SCt lying: how does an unlawful purpose imply actions that are violations of the Crim Code and an unlawful act doesn’t? Probably less culpable to have intent to commit act than committing act
o To protect kids.
o Circular argument.
o Child: action + intent; Mob: an actual unlawful act
• Should make it: to commit a felony or misdemeanor ie., a criminal act.
• Fundamental justice provision for death penalty’s point was to get away from these contradictory holdings.
• Landry makes it unconstitutional. Nance formally adopts dist holding in Landry: unconstitutional.

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