The PEOPLE v. Scott, 190 N.E.2d 749 (Ill. 1963). · Go Syfert
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The PEOPLE v. Scott, 190 N.E.2d 749 (Ill. 1963). Cases Citing This Book View Copy Cite
12 citation events across 2 distinct courts.
Strongest positive: People v. McMullin (illappct, 1985-12-04)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) People v. McMullin
Ill. App. Ct. · 1985 · confidence medium
(See People v. Scott (1963), 28 Ill. 2d 131, 132 (a defendant has the right to present to a jury evidence which affects the credibility or weight to be given a confession, including a defendant’s testimony that he confessed because of promises of leniency).) We note that we would not reverse if this were the only error in this case since, although the record does show the subject of the excluded testimony (i. e., defendant’s state of mind when he made the statement to Officer Rudolph), there was no offer of proof to show what the substance of that testimony would have been (i.e., what defe…
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The People of the State of Illinois, Defendant in Error, vs. Robert Scott, Plaintiff in Error
37261.
Illinois Supreme Court.
May 27, 1963.
190 N.E.2d 749
1963 Ill. LEXIS 491
William C. Starke, of Chicago, (Howard T. Savage, of counsel,) for plaintiff in error., William G. Clark, Attorney General, of Springfield, and Daniel P. Ward, State’s Attorney, of Chicago, (Fred G. Leach and E. Michael O’Brien, Assistant Attorneys General, and Edward J. Hladis and Matthew J. Moran, Assistant State’s Attorneys, of counsel,) for the People.
William G. Clark.
Cited by 8 opinions  |  Published
Mr. Justice House

delivered the opinion of the court:

Robert Scott was indicted in the criminal court of Cook County for the crime of robbery. A jury found him guilty and the court sentenced him to the penitentiary for a term of not less than 20 years nor more than 25 years. A writ of error has been issued to review the conviction.

It is argued that the trial court refused to permit the jury to hear evidence of offers of leniency which were made by the police to defendant in order to obtain his confession which was admitted in evidence. The record contains an offer of proof that defendant would testify that police officers Toney, Williams, Monz, Kaiser and Demko stated to defendant at different times and in relays that the complainant Louise Dogan was an employee of approximately 15 years in the State’s Attorney’s office and that if he would sign a statement in order to clear up the case, all of the aforementioned officers would see that the case was dropped or that he would receive probation. This offer was refused by the court. The record also shows repeated efforts by defendant to get before the jury evidence of promises of leniency. Objection to these efforts was sustained and the remarks stricken.

Although a confession has been admitted in evidence, the defendant still has the right to present evidence to the jury which affects the credibility or weight to be given the confession. (People v. Schwartz, 3 Ill.2d 520.) The alleged promises of leniency were material and relevant to the credibility to be given the confession and the court erred in excluding evidence of such promises.

The judgment of the criminal court of Cook County is reversed and the cause remanded for a new trial.

Reversed and remanded.