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4 Pillars of Procedural Justice
(FITV) Fairness, Impartiality, Transparency, Voice
Ch 720 ILCS
720 ILCS includes not only the Criminal Offenses, but other laws that we will use in
performance of our duties, such as:
720 ILCS 550 - CANNABIS CONTROL ACT
OTHER DRUG ACTS
It DOES NOT contain municipal code or ordinance violations
FORCIBLE FELONY (5/2-8)
means treason, first degree murder, second degree murder, predatory criminal
sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault,
robbery, burglary, residential burglary, aggravated arson, arson, aggravated
kidnapping, kidnapping, aggravated battery resulting in great bodily harm or
permanent disability or disfigurement and any other felony which involves the use
or threat of physical force or violence against any individual
Forcible Felonies
(MACK P BART)
M - murder
,A - assault
C - criminal sexual assault
K - kidnapping
P - predatory criminal sexual assault
B - burglary
A - arson
R - robbery
T - treason
ASSAULT
WITHOUT LEGAL AUTHORITY, he ENGAGES IN CONDUCT WHICH PLACES ANOTHER
IN REASONABLE APPREHENSION OF RECEIVING A BATTERY.
BATTERY
INTENTIONALLY OR KNOWINGLY WITHOUT LEGAL JUSTIFICATION and by any
means, (1) CAUSES BODILY HARM to an individual or (2) MAKES PHYSICAL
CONTACT of an INSULTING OR PROVOKING NATURE with an individual.
BURGLARY
WITHOUT AUTHORITY he or she KNOWINGLY ENTERS or WITHOUT AUTHORITY
REMAINS within a building, house trailer, watercraft, aircraft, motor vehicle,
railroad car, freight container, or any part thereof, WITH INTENT TO COMMIT
THEREIN A FELONY OR THEFT.
What is needed for a TERRY STOP?
,reasonable suspicion
What is needed for an ARREST?
probable cause
Statute of Limitations?
3 YEAR for a FELONY
18 MONTHS for a MISDEMEANOR
NO STATUTE OF LIMITATIONS for murder (1st, 2nd, involuntary manslaughter,
reckless homicide, LTS/death or injury, arson, child porn, treason, forgery,
concealment of death, sex offenses...)
Mental State
-INTENT
-KNOWLEDGE
-RECKLESSNESS (willful/wanton) - usually in the name of the crime
-NEGLIGENCE (elder abuse)
-ABSOLUTE LIABILITY - a person can be guilty without a mental state if the offense
is a...
Misdemeanor which is NOT punishable by incarceration or by a fine exceeding
$1000
, Or the statute says "absolute liability"
-Reckless Driving
The maximum fine for a felony offense is
$25,000
How many days for a trial to take place for a felony case? In Custody
120 (IN CUSTODY)
Every person in custody in this State for an alleged offense shall be tried by the
court having jurisdiction within 120 days from the date he was taken into custody
unless delay is occasioned by the defendant ***. Delay shall be considered to be
agreed to by the defendant unless he or she objects to the delay by making a
written demand for trial or an oral demand for trial on the record.
How many days for a trial to take place for a felony case? Released on
Bail/Recog)
160 (RELEASED ON BAIL / RECOG)
Every person on bail or recognizance shall be tried by the court having jurisdiction
within 160 days from the date defendant demands trial unless delay is occasioned
by the defendant...Any demand for trial made under this subsection (b) shall be in
writing; and in the case of a defendant not in custody, the demand for trial shall
include the date of any prior demand made under this provision while the
defendant was in custody.