Adv Il Crim Law

Front 1

Voluntary Act

Back 1

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

Front 2

Define Use of Force

Back 2

Absence of Consent (People v. Kenny); Can be force threatened on someone other than yourself

Front 3

Forcible Offense

Back 3

justifies use of deadly force to prevent it/arrest; felony murder eligible

Front 4

Same physical act doctrine

Back 4

Can't be convicted of multiple crimes for same offense; all must be charged at same time

Front 5

Read in statute

Back 5

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)

Front 6

Apprendi case

Back 6

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.

Front 7

Petty/business offenses liability

Back 7

strict liability; no mental state rew'd; proving conduct is enough

Front 8

Define accountability

Back 8

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

Front 9

Accountability exceptions:

Back 9

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)

Front 10

Self Defense in Accountability

Back 10

Self D is an intervening act and is not part of the common design, so cannot be incorporated into accountability of it.

Front 11

Accountability

Back 11

felony, misdemeanor murder rule; indictment charges w/ main crime (don't charge accountability); mere presence alone is insufficient

Front 12

Conspiracy

Back 12

highest penalty is class 4 felony, but other inchoate offenses are liability one below actual crime

Front 13

Attempt

Back 13

1. Substantial step to commit the offense (dangerous proximity) and intent to commit it
2. Solicitation + slight act

Front 14

Murder 2 and Attempt

Back 14

Cannot have attempt 2nd degree murder b/c of the 2 mitigating factors (unreasonable selfd, sudden intense passion: prep of evid), no specific intent; (People v. Morgan); incentive to kill 'cause probation for M2

Front 15

Voluntary Act

Back 15

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

Front 16

Define Use of Force

Back 16

Absence of Consent (People v. Kenny); Can be force threatened on someone other than yourself

Front 17

Forcible Offense

Back 17

justifies use of deadly force to prevent it/arrest; felony murder eligible

Front 18

Same physical act doctrine

Back 18

Can't be convicted of multiple crimes for same offense; all must be charged at same time

Front 19

Read in statute

Back 19

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)

Front 20

Apprendi case

Back 20

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.

Front 21

Petty/business offenses liability

Back 21

strict liability; no mental state rew'd; proving conduct is enough

Front 22

Define accountability

Back 22

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

Front 23

Accountability exceptions:

Back 23

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)

Front 24

Self Defense in Accountability

Back 24

Self D is an intervening act and is not part of the common design, so cannot be incorporated into accountability of it.

Front 25

Accountability

Back 25

felony, misdemeanor murder rule; indictment charges w/ main crime (don't charge accountability); mere presence alone is insufficient

Front 26

Conspiracy

Back 26

highest penalty is class 4 felony, but other inchoate offenses are liability one below actual crime

Front 27

Attempt

Back 27

1. Substantial step to commit the offense (dangerous proximity) and intent to commit it
2. Solicitation + slight act

Front 28

Murder 2 and Attempt

Back 28

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

Front 29

Attempted Forcible Felony

Back 29

can be basis for felony murder

Front 30

Define solicitation

Back 30

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

Front 31

MURDER 1

Back 31

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

Front 32

Felony Murder Rule

Back 32

felony murder (no ment st); reasonably foreseeable that death would occur

Front 33

Felony murder death penalty

Back 33

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)

Front 34

MURDER 2 (used to be vol manslaughter); mitigating factors

Back 34

1. sudden and intense provocation
(spousal adultery, mutual quarrel, substantial physical assault, unlawful arrest)
2. imperfect defense
4-20 years; probational, Class 1

Front 35

INVOLUNTARY MANSLAUGHTER

Back 35

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).

Front 36

Unborn Child

Back 36

1. murder, must be a born person or can charge for unborn as a separate provision;
2. intentional: must know mother is pregnant

Front 37

Drug Induced Homicide

Back 37

Class X felony (biggest class after murder); does to dealers what forcible felony murder rule does to felons (hard to establish dealer)

Front 38

Death Penalty Reforms

Back 38

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

Front 39

KIDNAPPING INTENT

Back 39

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

Front 40

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

Back 40

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)

Front 41

Levy Lombardi rule cont'd

Back 41

if the a or d occurs prior to, or lasts longer than, the underlying felony, then a sep kidnapping conviction can stand

Front 42

Parent/Child Kidnapping Defenses

Back 42

*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

Front 43

CHILD ABDUCTION STATUTE:

Back 43

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

Front 44

Adultery/ Fornication

Back 44

diminishes the integrity of the rest of the code 'cause not enforced and follows CSA; "promotes morals"

Front 45

CRIM SEX ASSAULT

Back 45

17 to consent; 18 if position of authority, no matter when contact began (Reynolds); See chart for ages.

Front 46

PREDATORY CSA

Back 46

victim under 12 and D is over 17

Front 47

Prostitution v. Patronizing a prostitution

Back 47

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)

Front 48

Sexual Abuse v. Assault

Back 48

abuse: spec intent crime to commit the conduct (contact)
assault: general intent crime: generally knowing or intl, but caselaw discusses recklessness can apply (penetration)

Front 49

Define Use of Force

Back 49

the absence of consent; hinges on what the evidence of consent is

Front 50

Consent

Back 50

the lack of verbal or physical resistance does not constitute consent (consent is kind of an affirmative yes or action)

Front 51

Proportion of Penalties Clause

Back 51

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

Front 52

Sex Offender Registration

Back 52

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

Front 53

ASSAULT

Back 53

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

Front 54

Hate Crime Characteristics

Back 54

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

Front 55

Stalking

Back 55

1. surveillance 2+ times
2. threatening component: threat/ app of immediate or future bodily harm, sex assault, confinement, or restraint

Front 56

Assault v. Intimidation

Back 56

1. Assault: general intent
2. Intimidation: specific intent
3. Assault can be predicate for intimidation, but doesn't have to be

Front 57

Home Invasion

Back 57

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

Front 58

Theft

Back 58

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)

Front 59

Theft v. Retail theft

Back 59

R. Theft= felony pros when $150
Theft= $300 value
*No state has retail theft < $500, but IL has an aggressive retail merchant's lobby

Front 60

Robbery v. Vehicular Hijacking

Back 60

Robbery= presence req'd
Vehic Hij= IMMEDIATE pres req

Front 61

Categories of Dangerous Weapon

Back 61

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

Front 62

Agg Robbery dang weapon

Back 62

? 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

Front 63

Burglary and Res Burg

Back 63

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

Front 64

Criminal Trespass

Back 64

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

Front 65

Arson

Back 65

1. property over $150
2. Class 2
3. Agg: includes firement/ cop injured as result (but for rule)

Front 66

Crim Damage to Property

Back 66

1. knowingly
2. consent's a defense
3. <$300: misdemeanor
4. Class 4 if at school, doesn't matter monetary amount

Front 67

Institutional Vandalism

Back 67

*like hate crime for property

Front 68

Elements of Police Officer Offenses

Back 68

1. resist or obstruct performance of an AUTHORIZED ACT
2. overt/ affirmative act (less focus in recent caselaw: failure to act is an act)

Front 69

Exculpatory no doctrine

Back 69

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.

Front 70

Perjury intent

Back 70

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.

Front 71

Mob Action constitutionality

Back 71

*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

Front 72

MOb Action unlawful purp and Child Abduction other than a lawful purp

Back 72

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.