CH. 1 ACCOUNTABILITY §1-1 Generally §1-2 Examples: Convictions Affirmed §1-3 Examples: Convictions Reversed
CH. 2 APPEAL §2-1 Right to §2-2 Notice of Appeal
: (a) Generally; (b) Timeliness
§2-3 Counsel §2-4 State Appeals: (a) Generally; (b) Suppression Orders
§2-5: Record on Appeal; (a) For Indigents; (b) Sufficient Record; (c) Amendment or Correction
§2-6 Miscellaneous: (a) Issues Reviewable; (b) Mootness; (c) Costs; (d) Briefs; (e) Effect of Decisions
§2-7 Standard of Review (eff. June 1, 2002)
CH. 3 ARMED VIOLENCE §3-1 Generally §3-2 "Armed with a Dangerous Weapon" §3-3 Double Enhancement and Improper Predicate Felonies §3-4 Charging the Offense
CH. 4 ARSON
CH. 5 ATTEMPT
CH. 6 BAIL §6-1 Generally §6-2 As Fund for Costs, etc. §6-3 Violations - Forfeiture §6-4 On Appeal
CH. 7 BATTERY, ASSAULT & STALKING OFFENSES
§7-1: Battery & Assault; (a)(1) Generally; (a)(2) Bodily Harm; (a)(3) Status or Age of Victim; (a)(4) Use of Weapon; (a)(5) Public Way, Place of Amusement or Place of Accommodation; (a)(6) Self-defense; (b) Charging the Offense
§7-2: Stalking; (a) Constitutionality; (b) Sufficiency of Evidence
CH. 8 BURGLARY & RESIDENTIAL BURGLARY §8-1 Generally: (a) Burglary
(b) Residential Burglary
(c) "Without Authority"
§8-2
Charging the Offense §8-3 Attempt §8-4 Possession of Burglary Tools §8-5 Conviction Based on Possessing Stolen Property
CH. 9 COLLATERAL REMEDIES §9-1 Post-Conviction Hearing Act: (a) Availability of Remedy; (b) Res Judicata - Waiver; (c) Procedure; (d) Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; (e) Record - Transcript; (f) Change of Judge
§9-2 Section 2-1401 Petitions (formerly CH. 110, §72) §9-3 Mandamus, Prohibition, Supervisory Orders §9-4 State Habeas Corpus §9-5 Federal Habeas Corpus: (a) Generally; (b) Waiver, Exhaustion of State Remedies, and Successive Petitions; (c) Procedure; (d) Effect of Decisions and Retroactivity
CH. 10 CONFESSIONS §10-1 Fifth Amendment Rights Generally §10-2 Immunity §10-3 Suppression Motions and Hearings §10-4 Miranda Warnings: (a) Generally; (b) Non-Police Interrogation; (c) "In Custody"; (d) "Interrogation"
§10-5 Waiver of Rights: (a) Generally; (b) Interrogation After the Right to Counsel Attaches; (c) Interrogation After Request for Counsel; (d) Interrogation After Request to Remain Silent
§10-6 Voluntariness: (a) Generally; (b) Examples: Voluntary Statements; (c) Examples: Involuntary Statements
§10-7 Statements After Unlawful Arrest §10-8 Impeachment with Inadmissible Statements §10-9 Use of Defendant's Silence and Failure to Testify: (a) Defendant's Silence; (b) Defendant's Failure to Testify
§10-10 Use of Defendant's Prior Testimony and Plea Discussion Statements §10-11 Use of Co-Defendants' Statements §10-12 Statements Made During Mental Examinations
CH. 11 CONSPIRACY & SOLICITATION §11-1 Conspiracy §11-2 Solicitation
CH. 12 CONTEMPT OF COURT §12-1 Generally §12-2 Conduct of Counsel §12-3 Violating Court Orders §12-4 Other Conduct
CH. 13 COUNSEL §13-1 Right to Counsel: (a) Generally; (b) Counsel of One's Choice; (c) Indigency
§13-2 Waiver of Counsel §13-3 Attorney Fees and Costs §13-4 Effective Assistance of Counsel: (a) Generally; (b) Examples: Counsel Not Ineffective; (c) Examples: Ineffective Counsel
§13-5 Conflict of Interest: (a) Representation of Co-Defendants by One Attorney; (b) Representation of Both Defendant and a Co-Defendant Who Testifies Against Defendant; (c) Representation by Counsel Whose Competency is Challenged by Defendant. . . . . . . . . . . . .; (d) Representation by Counsel With a Connection to the Prosecution; (e) Representation by Counsel With a Connection to an Adverse Party; (f) Representation by a Member of an Office When Another Member Has a Conflict
CH. 14 DEATH PENALTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CH. 15 DISCOVERY §15-1 Generally - Evidence Favorable to Defense §15-2 Statements of the Defendant §15-3 Statements of Witnesses §15-4 List of Witnesses §15-5 Material to Impeach Witnesses: (a) Generally; (b) Obligation to Correct Misleading Testimony
§15-6 Informers §15-7 Police Reports §15-8 Physical Evidence, Photos, Documents, Test Results §15-9 Transcripts of Prior Proceedings §15-10 Disclosure by Defendant
CH. 16 DISORDERLY, ESCAPE, RESISTING AND OBSTRUCTING OFFENSES §16-1 Disorderly, Bribery and Intimidation Offenses §16-2 Resisting, Obstructing, and Offenses Against Police Officers §16-3 Escape §16-4 "Hate Crimes"
CH. 17 DOUBLE JEOPARDY - COLLATERAL ESTOPPEL §17-1 Generally §17-2 When Jeopardy Attaches §17-3 Dismissals and Mistrials §17-4 Acquittals §17-5 Reversals on Appeal §17-6 Successive Prosecutions §17-7 Dual Sovereignty §17-8 Increasing Punishment or Charge §17-9 Forfeitures and Civil Sanctions
CH. 18 ENTRAPMENT §18-1 Generally
§18-2 Predisposition
§18-3 Sufficiency of Evidence: (a) Generally; (b) For Entrapment Instructions
CH. 19 EVIDENCE §19-1 Right to Present Evidence §19-2 Relevant Evidence: (a) Generally; (b) Examples; (1) Relevant evidence; (2) Irrelevant or unduly prejudicial evidence
§19-3 Limited and Curative Admissibility §19-4 Direct and Circumstantial Evidence §19-5 Demonstrative and Physical (Real) Evidence §19-6 Re-opening Evidence, Rebuttal, Surrebuttal §19-7 Objections and Offers of Proof: (a) Objections; (b) Offers of Proof
§19-8 Evidence of Character: (a) Generally; (b) Defendant's Character; (c) Witness's Character; (d) Complainant's Character
§19-9 Evidence of Escape, Flight, Tampering with Evidence and Witnesses: (a) Escape; (b) Flight; (c) Tampering
§19-10 Out of Court Statements Generally: (a) Definition of Hearsay; (b) Examples: Admissible Testimony; (c) Examples: Inadmissible Testimony; (d) The "Completeness" Doctrine; (e) Testimony About Conversations To Show Police Investigation
§19-11 Admissions; Exculpatory and False Exculpatory Statements §19-12 Co-Conspirator Statements §19-13 Dying Declarations §19-14 Spontaneous Declarations; Corroborative Complaints; Statements Under 725 ILCS 5/115-10: (a) Spontaneous Declarations (Excited Utterances); (b) Corroborative Complaints; (c) Statements Under 725 ILCS 5/115-10
§19-15 Prior Inconsistent Statements: (a) As Impeachment; (b) As Substantive Evidence
§19-16 Prior Consistent Statements §19-17 Prior Statements of Identification §19-18 Testimony From Prior Proceedings §19-19 Statements Against Penal Interest §19-20 Statements Concerning State of Mind §19-21 Statements to Treating Physicians §19-22 Judicial Notice: (a) Generally; (b) Proper Judicial Notice; (c) Improper Judicial Notice
§19-23 Opinion Testimony: (a) Opinions of Lay Witnesses; (b) Opinions of Expert Witnesses
§19-24 Other Crimes Evidence: (a) General Rules; (b) Examples; (1) Generally; (2) Modus Operandi, Common Scheme or Design; (3) Intent, Knowledge, Absence of Mistake; (4) Identity; Connecting Defendant to the Crime Charged; (5) Motive; (6) Time and Place Proximity; (7) Consciousness of Guilt; (8) Circumstances of Arrest; Narrative of Crime; (9) Details of Other Crimes; (c) Evidence Suggesting Other Criminal Conduct
§19-25 Photographs §19-26 Privileged Communications: (a) Marital Privilege; (b) Attorney-Client Privilege; (c) Physician and Therapist Privileges; (d) Other Privileged Communications
§19-27 Scientific Evidence: (a) General; (b) Finger and Shoe Prints; (c) Polygraph; (d) Hypnotically Enhanced Evidence; (e) Ballistics & Firearms; (f) Handwriting; (g) Blood; Hair; DNA
§19-28 Writings: (a) Best Evidence Rule; (b) Business and Public Records; (c) Summaries; (d) Refreshing Recollection; (e) Past Recollection Recorded
CH. 20 EXTRADITION
CH. 21 FITNESS TO STAND TRIAL
CH. 22 FORGERY
CH. 23 GAMBLING
CH. 24 GUILTY PLEAS §24-1 Generally §24-2 Waiver of Counsel §24-3 Plea Bargaining §24-4 Unfulfilled Promises §24-5 Voluntary Pleas §24-6 Admonishments: (a)Generally; (b) Nature of Charge; (c)Rights to Plead Not Guilty, Go to Trial, and Confront Witnesses; (d) Possible Sentence
§24-7 Factual Basis §24-8 Motion to Vacate Plea or Reconsider Sentence; Appeal: (a) Generally; (b) Procedure on Motion; (1) Generally; (2) Counsel's Failure to File Certificate
§24-9 Guilty Plea as Waiver of Errors
CH. 25 HOME INVASION
CH. 26 HOMICIDE §26-1 Murder (First Degree Murder) §26-2 Felony Murder §26-3 Attempt Murder §26-4 Voluntary Manslaughter (Second Degree Murder): (a) Generally; (b) Instructions
§26-5 Involuntary Manslaughter - Reckless Homicide: (a) Generally; (b) Instructions
§26-6 Concealment of Homicidal Death §26-7 Justified Use of Force: (a) Generally; (b) Instructions
CH. 27 IDENTIFICATION §27-1 Identification Procedures Generally §27-2 Right to Counsel §27-3 Photographic Identification §27-4 Independent Basis - Reliable Identifications §27-5 Suppression Hearings
CH. 28 INDICTMENTS, INFORMATIONS, COMPLAINTS §28-1 Manner of Charging - Discretion in Bringing Charges §28-2 Grand Jury Proceedings §28-3 Dismissal of Charges §28-4 Sufficiency of Charge: (a) Generally; (b) In Charging Offense (Also See Substantive Offense)
§28-5 Amendment of
CH. 29 INSANITY - MENTALLY ILL - INTOXICATION
§29-1 Insanity: (a) Generally; (b) Burden of Proof - Sufficiency of Evidence; (c) Decisions Under Prior Law
§29-2 Intoxication §29-3 Involuntary Commitment §29-4 Guilty But Mentally Ill
CH. 30 JUDGE §30-1 Conduct and Comments of: (a) Generally; (b) Questioning Witnesses
§30-2 Bench Trials: (a) Generally; (b) Presumption Judge Considered Only Proper Evidence; (c) Considering Matters Outside the Record; Private Investigations and Experiments
§30-3 Substitution of Judge: (a) Generally; (b) For Cause; (c) As a Matter of Right
CH. 31 JURY
§31-1 Right to Jury Trial §31-2 Number of Jurors - Unanimous Verdicts §31-3 Waiver of Jury: (a) Generally; (b) Withdrawal of Jury Waiver; Timely Waiver
§31-4 Selection of Jury: (a) Voir Dire Generally; (b) Exclusion of Jurors Based on Race or Sex; (c) "Batson" Hearings; (1) Generally; (2) Prima Facie Showing; (3) Neutral Explanations
§31-5 Impartial Jury: (a) Generally; (b) Publicity
§31-6 Communication with Jury; Jury Examination of Evidence: (a) Questions from Jury; Jury Review of Evidence; (b) Jury Considering Matters Not in Evidence; (c) Communication with Jury
§31-7 Sequestration of Jury
§31-8 Instructions to Jury: (a) General Rules; (b) Burden of Proof; Presumption of Innocence; (c) Conflicting Instructions; (d) Admissions - Confessions; (e) Affirmative Defenses; (f) Circumstantial Evidence; (g) Defendant's Failure to Testify; (h) Evidence Admitted for Limited Purpose; (i) Lesser Included Offenses; (j) Witness Credibility; Accomplice Testimony; (k) "Deadlock" Instructions; Inquiries About Reaching a Verdict
§31-9 Polling of Jury
CH. 32 JUVENILE PROCEEDINGS §32-1 Transfer Procedures §32-2 Petitions, Hearings, Adjudications §32-3 Probation and Supervision §32-4 Miscellaneous Matters
CH. 33 KIDNAPPING, UNLAWFUL RESTRAINT AND RELATED OFFENSES §33-1 Kidnapping and Aggravated Kidnapping §33-2 Unlawful Restraint §33-3 Child Abduction
CH. 34 NARCOTICS (CONTROLLED SUBSTANCES; CANNABIS) §34-1 Generally §34-2 Charging Offenses §34-3 Trial: (a) Generally; (b) Proving Nature of ubstance; (c) Proving Possession and Intent to Deliver; (1) Proof of Possession; (2) Proof of Intent to Deliver
§34-4 Fines
§34-5 Forfeiture and Civil Sanctions
CH. 35 OBSCENITY §35-1 Generally §35-2 Illinois Statute
CH. 36 ONE ACT - ONE CRIME
CH. 37 PAROLE
CH. 38 PERJURY
CH. 39 PRELIMINARY HEARING §39-1 Preliminary Hearing Upon Filing of Information §39-2 Preliminary Hearing Upon Warrantless Arrest
CH. 40 PROBATION, PERIODIC IMPRISONMENT, CONDITIONAL DISCHARGE & SUPERVISION §40-1 Generally §40-2 Denial Of §40-3 Conditions Of §40-4 Revocation Of §40-5 Sentencing After Revocation
CH. 41 PROSECUTOR §41-1 Conduct and Comments Generally §41-2 Comments in Opening Statements §41-3 Misstatements of the Law §41-4 Misstatements of the Evidence §41-5 Comments About the Possible Sentences §41-6 Comments About Excluded Evidence, Evidence Not Offered and Rulings of the Judge §41-7 Continuing With Arguments or Questions After Objection is Sustained §41-8 Voicing Opinion §41-9 Comments on Defendant's Failure to Testify §41-10 Comments on Defendant's Failure to Call Witnesses §41-11 Comments About Witnesses §41-12 Comments About the Defendant §41-13 Comments About Defense Counsel §41-14 Racial Comments §41-15 Comments About the Victim and Victim's Family
CH. 42 RAPE
CH. 43 REASONABLE DOUBT §43-1 General Rules §43-2 Function of Trier of Fact - Believing or Disregarding Testimony §43-3 Presumptions - Affirmative Defenses §43-4 Circumstantial Evidence - Presence at Crime Scene §43-5 Conflicting, Confusing, Unbelievable Testimony §43-6 Doubtful Identification §43-7 Accomplice Testimony §43-8 Variance
CH. 44 ROBBERY §44-1 Generally §44-2 Proof of Dangerous Weapon
CH. 45 SEARCH AND SEIZURE §45-1 General Principles: (a) The Exclusionary Rule and Its Exceptions; (b) "Special Needs" Searches (Students, Random Drug Tests, etc.); (c) Miscellaneous
§45-2 Expectation of Privacy; Standing §45-3 Searches by Private Individuals §45-4 Stop and Frisk: (a) Generally; (b) Grounds for Stop; (c) Grounds for Frisk; Scope of Frisk; (d) Airport and Terminal Stops
§45-5 Arrest Requirements: (a) Generally; (b) Probable Cause; (c) Need for Warrant; (1) Generally; (2) Warrantless Arrest Justified; (3) Warrantless Arrest Improper
§45-6 Probable Cause: (a) Generally; (b) Effect of Delay; (c) Hearsay; (1) Informer Information; (2) Information From Other Police Officers; (3) Information From "Average Citizen"; (d) Examples: Probable Cause; (e) Examples: Lack of Probable Cause
§45-7 Warrant Requirements: (a) Generally; (b) Complaint Alleging Facts; (c) Neutral and Detached Judge; (d) Description of Place or Person to be Searched; (e) Description of Items to be Seized; (f) Attacking the Truth of the Complaint
§45-8 Execution of Warrants: (a) Manner of Entry; (b) Scope of Search; (c) Miscellaneous
§45-9 When Search Warrant Necessary
§45-10 Plain View Doctrine: (a) Generally; (b) Items Lawfully Viewed; (c) Immediately Apparent Item is Evidence
§45-11 Consent Searches: (a) Generally; (b) Consent by Third Parties
§45-12 Motor Vehicle Searches: (a) Stopping of Vehicles Generally; (b) Automobile Exception ("Carroll Doctrine"); (c) Searches After Minor Traffic Stops
§45-13 Searches Incident to Arrest §45-14 Inventory Searches §45-15 Administrative Searches §45-16 Open Fields - Abandoned Property §45-17 Eavesdropping §45-18 Fruits of Poisonous Tree §45-19 Suppression Motions and Hearings: (a) Timeliness - Subsequent Motions; (b) Burden of Proof - Evidence; (c) Findings at Hearing
CH. 46 SENTENCING §46-1 Construction and Validity of Statutes: (a) Generally; (b) Effective Date; (c) Due Process and Proportionate Sentencing (eff. June 1, 2002); (1) Generally; (2) Apprendi
§46-2 Sentencing Hearing - Presentence Report §46-3 Evidence; Aggravating and Mitigating Factors: (a) Generally; (b) Conduct Not Resulting in Conviction; (c) Reversed Convictions; (d) Factors Inherent in the Offense; (e) Perjury and Lack of Remorse; (f) Increasing Sentence Because Defendant Went to Trial; (g) Other Proper and Improper Factors; (h) Reasons for the Sentence; (1) Generally; (2) Misapprehension of Authorized Sentence
§46-4 Restitution and Fines: (a) Restitution; (b) Fines
§46-5 Court Costs §46-6 Drug Abuse Treatment §46-7 Consecutive Sentences: (a) Generally; (b) Mandatory Consecutive Sentences
§46-8 Habitual Criminal; Extended Terms; Enhanced Penalties: (a) Generally; (b) Habitual Criminal; (c) Extended Term; (1) Generally; (2) "Brutal and Heinous"; (d) Enhanced Penalties
§46-9 Delay in Execution of Sentence §46-10 Modification of Sentence by Trial Judge §46-11 Appellate Review of Sentences Generally §46-12 Excessive Sentences: (a) Sentences Found Excessive; (b) Sentences Not Excessive
§46-13 Disparity in Sentences: (a) Improper Disparity; (b) No Improper Disparity
§46-14 Unauthorized Sentences §46-15 Sentence Credit: (a) Generally; (b) For Time Awaiting Trial; (c) On Resentencing; (d) Against Fine
§46-16 Resentencing
CH. 47 SEX OFFENSES §47-1 Generally: (a) Right to Confrontation; (b) Rape Shield Statute; (c) Miscellaneous
§47-2 Criminal Sexual Assault and Abuse Offenses §47-3 Decisions under Prior Law: (a) Rape and Deviate Sexual Assault; (b) Indecent Liberties; Contributing to Sexual Delinquency
§47-4 Other Sex Related Offenses §47-6 Sexually Dangerous Persons Act
CH. 48 SPEEDY TRIAL §48-1 Generally: (a) Constitutional Right; (b) Statutory Right
§48-2 Delay in Commencing Prosecution §48-3 "In Custody" on Multiple Charges §48-4 Release From Custody; Dismissal of Charge §48-5 Extending the Statutory Term §48-6 Delay Attributed to Defendant §48-7 Delay Not Attributable to Defendant §48-8 Delay Prior to Retrials
CH. 49 STATUTES §49-1 Statutory Construction §49-2 Effective Date - Ex Post Facto §49-3 Constitutionality of Statutes: (a) Generally; (b) Vague - Overbroad; (c) Classifications; (d) Right of Privacy; (e) Right of Assembly; (f) Abusive Language; (g) News Media Cases; (h) Government Loyalty and Flag Desecration; (i) Separation of Powers
CH. 50 THEFT AND OTHER PROPERTY OFFENSES §50-1 Generally §50-2 Receiving Stolen Property §50-3 Value of Property §50-4 Ownership of Property §50-5 Inference From Possession of Recently Stolen Property §50-6 Deceptive Practices §50-7 Enhancement of Misdemeanor to Felony
CH. 51 TRAFFIC OFFENSES §51-1 Generally §51-2 Driving Under the Influence: (a) Generally; (b) Sufficiency of the Evidence; (c) Blood-Alcohol Tests - Implied Consent
CH. 52 TRIAL JOINDER AND SEVERANCE §52-1 Joinder of Codefendants §52-2 Joinder of Charges
CH. 53 TRIAL PROCEDURES §53-1 Public Trials §53-2 Defendant's Right to be Present: (a) Generally; (b) Trial Where Defendant Absents Himself
§53-3 Physical Restraints - Jail Clothing §53-4 Right to Present Argument §53-5 Interpreters §53-6 Continuances §53-7 Post-Trial Motions
CH. 54 UNLAWFUL USE OF WEAPONS §54-1 Generally §54-2 Felony Based on Prior Conviction §54-3 Proof of Possession §54-4 Proof of Concealed Weapon §54-5 Exemptions: (a) Inaccessible or "Broken Down" Weapon; (b) On Own Land or In Own Abode; (c) Other Exemptions
CH. 55 VENUE & JURISDICTION
CH. 56 VERDICTS §56-1 General Verdicts §56-2 Inconsistent Verdicts §56-3 Multiple Convictions Based on the Same Conduct: (a) General Rule; (b) Multiple Convictions Upheld; (c) Multiple Convictions Improper
§56-4 Impeachment of Verdicts
CH. 57 WAIVER - PLAIN ERROR - HARMLESS ERROR §57-1 General Rules §57-2 Issues Held to be Waived §57-3 Issues Not Waived §57-4 Plain Error §57-5 Harmless Error: (a) Generally; (b) Examples: Harmless Error; (c) Examples: Error Not Harmless
CH. 58 WITNESSES §58-1 Obtaining and Calling Witnesses §58-2 Exclusion of Witnesses §58-3 Competency of Witnesses §58-4 Court and Hostile Witnesses §58-5 Examination of Witnesses Generally §58-6 Defendant as Witness §58-7 Cross-Examination: (a) Generally; (b) Bias, Interest, Motive; (c) "Immoral" Conduct; (d) Use of Drugs; (e) Prior Convictions; (f) Pending Charges; (g) Juvenile Record; (h) Insinuations
TOPICAL INDEX

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