Assessment
Act - ANS ✔✔includes a failure or omission to take action. (720 ILCS 5/2-2)
Conduct - ANS ✔✔An act or a series of acts, and the accompanying mental state. (5/2-4)
Dwelling - ANS ✔✔An enclosed space used or intended for use as a human habitation, home, or
residence.
Ex: tent, mobile home, vehicle, house, apartment , trailer.
Felony - ANS ✔✔An offense punishable by one year or more in a penitentiary.
Forcible Felony - ANS ✔✔The most serious of crimes.
Includes:
1. murder
2. Agg. Battery: with great bodily harm or permanent disability or disfigurement.
3. Agg. Criminal sexual assault
4. Predatory criminal sexual assault of a child
5. Kidnapping, Agg. Kidnapping
6. Burglary, Residential Burglary
7. Arson, Agg. Arson
8. Robbery
9. Treason
,And any other felony which involves use of threat of physical force or violence against an
individual.
Misdemeanor - ANS ✔✔Any offense for which a sentence to a term of imprisonment in other
than a penitentiary for LESS than one year may be imposed.
Petty Offense - ANS ✔✔An offense which is not punishable by imprisonment.
Offense - ANS ✔✔Violation of any penal statute of this state. (each state has own criminal code)
Peace Officer - ANS ✔✔1. Any person who by virtue of his or her public office or employment is
vested by law with a duty to maintain public order or to make arrests for offenses.
2. Any person who by statute, is granted and authorized to exercise powers similar to those
conferred upon. (employed by law enforcement agency of this state)
ex: university police
Penal Institution - ANS ✔✔Includes a penitentiary, state farm, reformatory, prison, jail, house of
correction, or other institution for the incarceration or custody of persons under sentence for
offenses awaiting trial or sentence for offenses.
Reasonable Belief - ANS ✔✔Means that person concerned, acting as a reasonable person,
believes that the described facts exist. ("totality of the facts")
Voluntary Act - ANS ✔✔A material element of every offense is a voluntary act, which includes
an omission to perform a duty which the law imposes on the offender and which he is physically
capable of performing.
,Posession as a Voluntary Act - ANS ✔✔If the offender knowingly procured or received the thing
posessed, or was aware of his control thereof for a sufficient time to have been able to
terminate his posession.
Place of Trial - ANS ✔✔(a) Generally. Criminal offenses in Illinois shall be tried in the county
where the offense occurred, except otherwise provided by law.
Presumption of Innocence and proof of guilt - ANS ✔✔Every person is presumed innocent until
proven guilty beyond a reasonable doubt.
General Limitations - ANS ✔✔Limits the time period within which the state must commence
prosecution.
a. For certain offenses there is no time limit (ex: homicide, treason, arson, agg. arson, and
forgery)
b. Generally, prosecution for a felony must be commenced within 3 YEARS.
c. Generally, prosecution for a misdemeanor must be commenced within one year and 6
months after its comission.
Methods of Prosecution - ANS ✔✔When authorized by law a prosecution may be commenced
by:
a. complaint
b. information
c. indictment
Mental State - ANS ✔✔State of mind under which the act was committed.
a. intent
b. knowledge
c. recklessness
d. negligence
, An act does not make the doer guilty, unless the mind is guilty.
Result - ANS ✔✔Effect or commission of the act accompanied by the criminal mental element.
The nature of this injury often determinative of the crime charged.
Elements of a Crime - ANS ✔✔a. A voluntary act
b. A mental state
c. A result
Intent - ANS ✔✔When his or her conscious objective or purpose is to accomplish that result or
engage in that conduct.
Knowledge - ANS ✔✔When he or she is consciously aware of the nature or result of his
conduct.
Recklessness - ANS ✔✔When he or she consciously disregards a substantial and unjustifiable
risk.
Negligence - ANS ✔✔When he or she fails to be aware of a substantial and unjustifiable risk.
Absolute Liability - ANS ✔✔A person may be guilty of an offense without having one of the
mental states if the offense is a misdemeanor which is not punishable by incarceration or by a
fine exceeding $1000.