opportunity to consider factors (Illinois) · Go Syfert
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opportunity to consider factors in Illinois

31 Illinois opinions name it 2 courts 1974–2023 3 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Perruquetgreen
ill · 1977 · cited in 22 Illinois opinions naming this issue, 1978–2023
2 sentences

1992As was said in Perruquet: “[T]he trial judge is normally in a better position to determine the punishment to be imposed than the courts of review. [Citations.] A reasoned judgment as to the proper sentence to be imposed *** depends upon many factors, including the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age. [Citation.] The trial judge, in the course of the trial and the sentencing hearing, has an opportunity to consider these factors ‘which is superior to that afforded by the cold record in this court.’[Citation.]” (Perruquet, 68

1992As was said in Perruquet: “[T]he trial judge is normally in a better position to determine the punishment to be imposed than the courts of review. [Citations.] A reasoned judgment as to the proper sentence to be imposed *** depends upon many factors, including the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age. [Citation.] The trial judge, in the course of the trial and the sentencing hearing, has an opportunity to consider these factors ‘which is superior to that afforded by the cold record in this court.’[Citation.]” (Perruquet, 68

222
Vine Street Clinic v. HealthLink, Inc.green
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 301 (2006).

2023See, e.g., Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 301 (2006).

22
People v. Rodney H.green
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015Thus, the mandatory minimum sentencing structure at issue is not unconstitutional. ¶ 24 Additionally, the Illinois Supreme Court has stated the "proportionate penalties clause is coextensive with the cruel and unusual punishment clause." In re Rodney H., 223 Ill. 2d 510, 518 (2006).

2015Thus, the mandatory minimum sentencing structure at issue is not unconstitutional. ¶ 24 Additionally, the Illinois Supreme Court has stated the “proportionate penalties clause is coextensive with the cruel and unusual punishment clause.” In re Rodney H., 223 Ill. 2d 510, 518 (2006).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
People v. Morgan green
ill · 1974
2 sentences

1991(People v. Cox (1980), 82 Ill. 2d 268, 280 , 412 N.E.2d 541, 547 ; People v. Perruquet (1977), 68 Ill. 2d 149, 156 , 368 N.E.2d 882, 885 .) As stated in Perruquet: “[T]he trial judge is normally in a better position to determine the punishment to be imposed than the courts of review. [Citations.] A reasoned judgment as to the proper sentence to be imposed *** depends upon many factors, including the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age. [Citation.] The trial judge, in the course of the *** sentencing hearing, has an opportun

1991(People v. Cox (1980), 82 Ill. 2d 268, 280 , 412 N.E.2d 541, 547 ; People v. Perruquet (1977), 68 Ill. 2d 149, 156 , 368 N.E.2d 882, 885 .) As stated in Perruquet: “[T]he trial judge is normally in a better position to determine the punishment to be imposed than the courts of review. [Citations.] A reasoned judgment as to the proper sentence to be imposed *** depends upon many factors, including the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age. [Citation.] The trial judge, in the course of the *** sentencing hearing, has an opportun

51977–1991
People v. Cox green
ill · 1980
2 sentences

1991(People v. Cox (1980), 82 Ill. 2d 268, 280 , 412 N.E.2d 541, 547 ; People v. Perruquet (1977), 68 Ill. 2d 149, 156 , 368 N.E.2d 882, 885 .) As stated in Perruquet: “[T]he trial judge is normally in a better position to determine the punishment to be imposed than the courts of review. [Citations.] A reasoned judgment as to the proper sentence to be imposed *** depends upon many factors, including the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age. [Citation.] The trial judge, in the course of the *** sentencing hearing, has an opportun

1991(People v. Cox (1980), 82 Ill. 2d 268, 280 , 412 N.E.2d 541, 547 ; People v. Perruquet (1977), 68 Ill. 2d 149, 156 , 368 N.E.2d 882, 885 .) As stated in Perruquet: “[T]he trial judge is normally in a better position to determine the punishment to be imposed than the courts of review. [Citations.] A reasoned judgment as to the proper sentence to be imposed *** depends upon many factors, including the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age. [Citation.] The trial judge, in the course of the *** sentencing hearing, has an opportun

41986–1991
People v. Dukett green
ill · 1974
2 sentences

1986(People v. Dukett (1974), 56 Ill. 2d 432, 452 .) The trial judge, in the course of the trial and the sentencing hearing, has an opportunity to consider these factors ‘which is superior to that afforded by the cold record in this court.’ (People v. Morgan (1974), 59 Ill. 2d 276, 282 .) We continue to find that the trial court is normally the proper forum in which a suitable sentence is to be determined and the trial judge’s decisions in regard to sentencing. are entitled to great deference and weight.

1981(People v. Dukett (1974), 56 Ill. 2d 432, 452 .) The trial judge, in the course of the trial and the sentencing hearing, has an opportunity to consider these factors ‘which is superior to that afforded by the cold record in this court.’ (People v. Morgan (1974), 59 Ill. 2d 276, 282 .) We continue to find that the trial court is normally the proper forum in which a suitable sentence is to be determined and the trial judge’s decisions in regard to sentencing are entitled to great deference and weight.” The record in this case indicates that the trial court carefully considered defendant’s age an

31977–1986
People v. Russell green
illappct · 2003
2 sentences

2008In People v. Russell, 345 Ill.

2008In People v. Russell, 345 Ill.

22008–2008
People v. Streit green
ill · 1991
2 sentences

1998Streit , 142 Ill. 2d at 19 , 566 N.E.2d at 1353 ; People v. Perruquet , 68 Ill. 2d 149, 154 , 368 N.E.2d 882, 884 (1977); Montgomery , slip op. at 19.

1998Streit , 142 Ill. 2d at 19 , 566 N.E.2d at 1353 ; People v. Perruquet , 68 Ill. 2d 149, 154 , 368 N.E.2d 882, 884 (1977); Montgomery , slip op. at 19.

21998–1998
People v. La Pointe green
ill · 1982
2 sentences

1986We therefore reaffirm our long-standing rule that absent an abuse of discretion by the trial court a sentence may not be altered upon review.” (People v. Perruquet (1977), 68 Ill. 2d 149, 154 .) See also People v. La Pointe (1981), 88 Ill. 2d 482, 492 .

1983(Perruquet.) Accordingly, “the trial judge’s decisions in regard to sentencing are entitled to great deference and weight,” and, “absent an abuse of discretion *** a sentence may not be altered upon review.” People v. La Pointe (1981), 88 Ill. 2d 482, 492-93 , 431 N.E.2d 344 , quoting People v. Perruquet (1977), 68 Ill. 2d 149, 154 , 368 N.E.2d 882 .

21983–1986
People v. Montgomery green
illappct · 1998
1 sentence

1998Streit, 142 Ill. 2d at 19 , 566 N.E.2d at 1353 ; People v. Perruquet, 68 Ill. 2d 149, 154 , 368 N.E.2d 882, 884 (1977); Montgomery, 302 Ill.

11998–1998
People v. Butler green
ill · 1976
2 sentences

1990(People v. Butler (1976), 64 Ill. 2d 485, 490 , 356 N.E.2d 330, 333 .) The trial judge, in the course of the trial and the sentencing hearing, has an opportunity to consider factors such as the defendant’s credibility, demeanor, general moral character, mentality, habits and age, whereas this court is merely afforded an opportunity to examine a cold record.

1990(People v. Butler (1976), 64 Ill. 2d 485, 490 , 356 N.E.2d 330, 333 .) The trial judge, in the course of the trial and the sentencing hearing, has an opportunity to consider factors such as the defendant’s credibility, demeanor, general moral character, mentality, habits and age, whereas this court is merely afforded an opportunity to examine a cold record.

11990–1990
People v. Generally green
illappct · 1988
2 sentences

1989(People v. Cox (1980), 82 Ill. 2d 268, 275 , 412 N.E.2d 541, 545 .) In People v. Perruquet (1977), 68 Ill. 2d 149, 154 , 368 N.E.2d 882, 884 , the Illinois Supreme Court stated that “the trial judge is normally in a better position to determine the punishment to be imposed than the courts of review. [Citations.] A reasoned judgment as to the proper sentence to be imposed *** depends upon many factors, including the defendant’s credibility, demeanor, general moral character, mentality, social environment, habits, and age. [Citation.] The trial judge, in the course of the trial and the sentencin

1989App. 3d 668, 677 , 525 N.E.2d 106, 111 , this court noted that the imposition of punishment is one of the most important and sensitive of judicial responsibilities, and the reviewing court must give great weight to the sentence that the trial court imposes.

11989–1989
People v. Moffitt green
illappct · 1985
1 sentence

1989App. 3d 106, 115 , 485 N.E.2d 513, 520 .) The trial court has the opportunity to consider these factors and this opportunity is superior to the record provided to a reviewing court.

11989–1989
The People v. Taylor green
ill · 1965
1 sentence

1974(People v. Taylor (1965), 33 Ill.2d 417, 424 .) A reviewing court should not reduce a sentence without substantial reason for so doing.

11974–1974

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (3) IL § 730 ILCS 5/5-8-1 (3) IL § 735 ILCS 5/2-1401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 31 (1974–2023) PA 20 (1979–2026) TX 18 (1991–2018) WA 16 (1966–2025) NM 9 (1973–2023) OR 6 (1975–2018) MT 6 (2002–2026) VA 6 (2002–2025) CA 4 (1974–2026) GA 4 (2011–2021) AZ 4 (2006–2022) SC 4 (1982–2026) MO 3 (2008–2014) MS 3 (1973–2003) CO 3 (2011–2026) IA 3 (1979–2026) CT 2 (1989–1989) MI 2 (2000–2002) FL 2 (2006–2009) IN 2 (1937–2019) NC 2 (2011–2020) AL 2 (1991–2017) MA 2 (1991–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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