Murder in Illinois law

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Murder in Illinois law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat above the median for the entire country. [1]

Definitions

First-degree murder

Illinois has four different homicide crimes in total, with first-degree murder being the most serious offense. Illinois law defines first-degree murder as when a person intends to kill, intends to inflict great bodily harm, or knowingly engages in an act that has a strong probability of death or great bodily harm for another individual, causing a person's death. [2] It is punished by a minimum of 20 years in prison and a maximum of life imprisonment without the possibility of parole. [3] The only exception is for offenders under the age of 21, where the maximum sentence is life-with-parole after 40 years. [4] Illinois does not have the death penalty. [3]

Felony murder rule

Illinois also employs the felony murder rule. When someone commits a "forcible felony" besides second-degree murder causing someone's death, it is first-degree murder. [3]

Second-degree murder

In Illinois, second-degree murder is not in itself an individual offense, but is a downgraded version of first-degree murder. A defendant is guilty of second-degree murder when they commit first-degree murder with one of the following mitigating circumstances: [5] [6]

Second-degree murder is punished by either 4 to 30 years in prison, with the possibility of 4 of the years being reduced to probation. [5]

Penalties

The sentences for homicide offenses in Illinois are listed below. [3] [5] [7] [8]

OffenseMandatory sentence
Involuntary manslaughter Up to 4 years probation, or 2 to 7 years in prison
Voluntary manslaughter (fetal killing)Up to 4 years probation, or 4 to 15 years in prison
Second-degree murder4 to 30 years in prison, with the possibility of having 4 years reduced to probation
First-degree murder For offenders over 21: 20 years to life imprisonment without the possibility of parole

For offenders under 21: 20 years to life-with-parole after 40 years

Related Research Articles

<span class="mw-page-title-main">Murder</span> Unlawful killing of a human with malice aforethought

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.

The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.

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In Canada, homicide is the act of causing death to another person through any means, directly or indirectly. Homicide can either be culpable or non-culpable, with the former being unlawful under a category of offences defined in the Criminal Code, a statute passed by the Parliament of Canada that applies uniformly across the country. Murder is the most serious category of culpable homicide, the others being manslaughter and infanticide.

In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.

<span class="mw-page-title-main">Criminal law of the United States</span>

Criminal law is a system of laws that is connected with crimes and punishments of an individual who commits crimes. In comparison, civil law is where the case argues their issues with one entity to another entity with support of the law. Crimes can vary in definition by jurisdiction but the basis for a crime are fairly consistent regardless.

Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.

Murder in Colorado law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.

Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.

Murder in Wisconsin law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.

Murder in Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.

Murder in Idaho law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Idaho.

Murder in Connecticut is defined as the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Connecticut. The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.

Murder in Georgia law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.

Murder in Indiana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Indiana.

Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.

Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.

Murder in Missouri law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Missouri.

References

  1. ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
  2. ↑ "Illinois General Assembly - Illinois Compiled Statutes". www.ilga.gov. Retrieved May 30, 2023.
  3. 1 2 3 4 "Illinois First Degree Murder Laws". Findlaw. Retrieved May 30, 2023.
  4. ↑ Chaney, Kathy (March 23, 2023). "New Illinois Law Stops Life Without Parole Sentences for Those Under 21". YR Media. Retrieved May 30, 2023.
  5. 1 2 3 "Illinois Second Degree Murder Laws". Findlaw. Retrieved May 30, 2023.
  6. ↑ "Illinois General Assembly - Illinois Compiled Statutes". www.ilga.gov. Retrieved May 30, 2023.
  7. ↑ "Illinois Voluntary Manslaughter Laws". Findlaw. Retrieved May 30, 2023.
  8. ↑ "Illinois Involuntary Manslaughter Laws". Findlaw. Retrieved May 30, 2023.
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