manslaughter instruction in Illinois

1978"It is well settled that if there is evidence in the record which, if believed by a jury, would reduce the crime to manslaughter, a manslaughter instruction tendered by the defendant must be given. ( People v. Canada (1962), 26 Ill.2d 491 ; People v. Harris (1956), 8 Ill.2d 431 ; People v. Brown (1953), 415 Ill. 23 )." ( People v. Handley (1972), 51 Ill.2d 229, 235 ; accord, People v. Craven (1973), 54 Ill.2d 419 , *501 425; People v. Joyner (1972), 50 Ill.2d 302, 306 ; Stevenson v. United States (1896), 162 U.S. 313, 314 , 40 L.Ed. 980, 981 , 16 S.Ct. 839 ; Ross v. State (1973), 61 Wis.2d 160

1977(People v. Joyner (1972), 50 Ill. 2d 302 , 278 N.E.2d 756 .) When the evidence in a murder case would support a verdict of manslaughter and the defendant does not request a manslaughter instruction the giving of such an instruction is committed to the discretion of the trial judge.

1991(People v. Simpson (1978), 74 Ill. 2d 497 , 384 N.E.2d 373 .) A manslaughter instruction can only be given if there is some evidence which shows the defendant killed unintentionally by the reckless performance of acts which caused the victim’s death.

1991(People v. Simpson (1978), 74 Ill. 2d 497 , 384 N.E.2d 373 .) A manslaughter instruction can only be given if there is some evidence which shows the defendant killed unintentionally by the reckless performance of acts which caused the victim’s death.

1987Humans react violently to the infliction of a serious injury, and the degree of pain which results therefrom not only governs the passion itself but also influences the duration of the cooling period.” ( 8 Ill. 2d 431, 435 , 134 N.E.2d 315 .) The court concluded that in view of the severity of the attack and the short lapse of time between the injury and the shooting, the trial court did not err in giving the manslaughter instruction.

1987Humans react violently to the infliction of a serious injury, and the degree of pain which results therefrom not only governs the passion itself but also influences the duration of the cooling period.” ( 8 Ill. 2d 431, 435 , 134 N.E.2d 315 .) The court concluded that in view of the severity of the attack and the short lapse of time between the injury and the shooting, the trial court did not err in giving the manslaughter instruction.

1992If there is any evidence in the record which, if believed by the jury, would reduce a charge of murder to manslaughter, a manslaughter instruction tendered by the defendant must be given. ( People v. Leonard (1980), 83 Ill.2d 411, 420-21 , 47 Ill.Dec. 353, 358 , 415 N.E.2d 358, 363 .) Moreover, when there is evidence in the record to support "unreasonable belief" voluntary manslaughter as well as "provocation" voluntary manslaughter, the court must give instructions on both.

1992If there is any evidence in the record which, if believed by the jury, would reduce a charge of murder to manslaughter, a manslaughter instruction tendered by the defendant must be given. ( People v. Leonard (1980), 83 Ill.2d 411, 420-21 , 47 Ill.Dec. 353, 358 , 415 N.E.2d 358, 363 .) Moreover, when there is evidence in the record to support "unreasonable belief" voluntary manslaughter as well as "provocation" voluntary manslaughter, the court must give instructions on both.

1972In People v. Latimer, 35 Ill.2d 178 , we held that the giving of a manslaughter instruction was required where there is evidence in the record which, if believed by the jury, would reduce the crime to manslaughter (see also People v. Joyner, 50 Ill.2d 302 ), and the failure to so instruct under such circumstances would constitute error.

1971People v. Latimer, 35 Ill.2d 178 , this court, at page 182, said: “It is an established rule that if there is evidence in the record which, if believed by a jury, would reduce the crime to manslaughter, an instruction defining that crime should be given. [Citations.] It is equally well established that where the evidence clearly demonstrates the killing was murder, a manslaughter instruction is erroneous.” The record shows that the defendants, not the group of boys, instituted the initial provocative acts.

1978"It is well settled that if there is evidence in the record which, if believed by a jury, would reduce the crime to manslaughter, a manslaughter instruction tendered by the defendant must be given. ( People v. Canada (1962), 26 Ill.2d 491 ; People v. Harris (1956), 8 Ill.2d 431 ; People v. Brown (1953), 415 Ill. 23 )." ( People v. Handley (1972), 51 Ill.2d 229, 235 ; accord, People v. Craven (1973), 54 Ill.2d 419 , *501 425; People v. Joyner (1972), 50 Ill.2d 302, 306 ; Stevenson v. United States (1896), 162 U.S. 313, 314 , 40 L.Ed. 980, 981 , 16 S.Ct. 839 ; Ross v. State (1973), 61 Wis.2d 160

1974We therefore adhere to our present procedure and hold' that the trial judge did not err in failing to give a manslaughter instruction on his own initiative.” In both of the cases cited by the appellant in support of the proposition that a manslaughter instruction should be given (People v. Brown, 415 Ill. 23 ; People v. Harris, 8 Ill.2d 431 ), the instruction was given at the request of the State and on appeal of convictions for the lesser offenses the defendants contended that the court erred in giving the instuction.

1991(See, e.g., People v. Green, 23 Ill. 2d 584 .) And if the evidence would support a verdict of manslaughter, a defendant will not be heard to complain that a manslaughter instruction was given, even though he did not request it, ‘Where the record contains evidence upon which a verdict of manslaughter may be returned, the fact that the evidence would have justified the jury in finding the defendant guilty of murder is not a matter of which he can complain.’ (People v. Beil, 322 Ill. 434, 440 ; see also People v. White, 311 Ill. 356 ). *** *** So it has been said, ‘The general statement contained

1985People v. Green, 23 Ill. 2d 584 .) And if the evidence would support a verdict of manslaughter, a defendant will not be heard to complain that a manslaughter instruction was given, even though he did not request it. ***. *** So it has been said, ‘The general statement contained in the cases, that a manslaughter instruction should be given where there is evidence justifying it, must be understood in the sense the duty exists when such instruction is offered by either side, when the circumstances justify it, ***.’ [Citation.]” (Emphasis added.) The court concluded: “When the evidence will suppor

1991(See, e.g., People v. Green, 23 Ill. 2d 584 .) And if the evidence would support a verdict of manslaughter, a defendant will not be heard to complain that a manslaughter instruction was given, even though he did not request it, ‘Where the record contains evidence upon which a verdict of manslaughter may be returned, the fact that the evidence would have justified the jury in finding the defendant guilty of murder is not a matter of which he can complain.’ (People v. Beil, 322 Ill. 434, 440 ; see also People v. White, 311 Ill. 356 ). *** *** So it has been said, ‘The general statement contained

1970People v. Beil, 322 Ill. 434 , 153 N.E. 639 , cited in Taylor.

1984(People v. Minzer, 358 Ill. 345 ).’ ” (People v. Hicks (1966), 35 Ill. 2d 390, 397 , 220 N.E.2d 461 .) In Hicks, the court concluded that an instruction on manslaughter was properly refused by the trial court because the record contained insufficient evidence of the defendant’s intoxication.

1966We have previously held that in order to require a manslaughter instruction on such grounds the evidence must indicate that the accused's intoxication was "so great as to entirely suspend his power of reasoning * * *. ( People v. Minzer, 358 Ill. 345 )". ( People v. Tanthorey, 404 Ill. 520, 531-32 .) The evidence of intoxication adduced at defendant's trial clearly falls far short of that required under the cases cited, and error was not committed in refusing the proffered manslaughter instruction.

1981App.3d 69 , 384 N.E.2d 553 ; People v. Hall (1975), 25 Ill.

1981App. 3d 69 , 384 N.E.2d 553 ; People v. Hall (1975), 25 Ill.

1980The court gave a self-defense instruction (thus deciding that the jury could conclude defendant’s use of force was reasonable), but did not address whether the jury could conclude that defendant’s use of force was unreasonable. ( 378 Ill. 557, 563 .) Prior to the 1961 revision of the Code, cases of voluntary manslaughter referred only to situations where the killing was the result of a sudden and intense provocation.

1963(People v. Tanthorey, 404 Ill. 520 ; People v. DeRosa, 378 Ill. 557 ; People v. Pokosa, 342 Ill. 404 .) In the final analysis, the question of whether or not the manslaughter instruction should have been given requires a detailed consideration of the evidence.

1966We have previously held that in order to require a manslaughter instruction on such grounds the evidence must indicate that the accused's intoxication was "so great as to entirely suspend his power of reasoning * * *. ( People v. Minzer, 358 Ill. 345 )". ( People v. Tanthorey, 404 Ill. 520, 531-32 .) The evidence of intoxication adduced at defendant's trial clearly falls far short of that required under the cases cited, and error was not committed in refusing the proffered manslaughter instruction.

1963(People v. Tanthorey, 404 Ill. 520 ; People v. DeRosa, 378 Ill. 557 ; People v. Pokosa, 342 Ill. 404 .) In the final analysis, the question of whether or not the manslaughter instruction should have been given requires a detailed consideration of the evidence.

1999Lewis, 97 Ill.App.3d at 988 , 53 Ill.Dec. 353 , 423 N.E.2d 1157 ; see also Taylor, 36 Ill.2d at 491 , 224 N.E.2d 266 (in reaching its conclusion that the trial judge was not required to give a manslaughter instruction, this court observed that "the decision of the defendant's attorney not to *583 request manslaughter instructions was clearly stated in response to the trial judge's inquiry"); Mullen, 80 Ill.App.3d at 377 , 35 Ill.Dec. 573 , 399 N.E.2d 639 (trial judge's failure to give sua sponte an instruction on the lesser-included offense was not error; a finding of guilt on the lesser-inclu

1999Lewis, 97 Ill.App.3d at 988 , 53 Ill.Dec. 353 , 423 N.E.2d 1157 ; see also Taylor, 36 Ill.2d at 491 , 224 N.E.2d 266 (in reaching its conclusion that the trial judge was not required to give a manslaughter instruction, this court observed that "the decision of the defendant's attorney not to *583 request manslaughter instructions was clearly stated in response to the trial judge's inquiry"); Mullen, 80 Ill.App.3d at 377 , 35 Ill.Dec. 573 , 399 N.E.2d 639 (trial judge's failure to give sua sponte an instruction on the lesser-included offense was not error; a finding of guilt on the lesser-inclu

1987In several instances, the defendant himself argued against submitting the manslaughter instruction (e.g., People v. Spataro (1978), 67 Ill.

1981We therefore adhere to our present procedure, and hold that the trial judge did not err in failing to give a manslaughter instruction on his own initiative.” (See also People v. Spataro (1978), 67 Ill.

1987The State points out that although mutual combat is sufficient to support a finding of provocation, such combat does not justify giving the instruction sought herein where “sufficient time had lapsed between the alleged provocation and the homicide to permit the voice of reason to be heard.” (People v. Coleman (1984), 124 Ill.

1987(People v. Coleman (1984), 124 Ill.

1986(People v. Ward (1984), 101 Ill. 2d 443, 451 , 463 N.E.2d 696 .) “An involuntary manslaughter instruction, however, should not be given if there is no evidence which would reduce the crime to manslaughter.” 101 Ill. 2d 443, 451 , 463 N.E.2d 696 .

1986(People v. Ward (1984), 101 Ill. 2d 443, 451 , 463 N.E.2d 696 .) “An involuntary manslaughter instruction, however, should not be given if there is no evidence which would reduce the crime to manslaughter.” 101 Ill. 2d 443, 451 , 463 N.E.2d 696 .

1984The trial judge’s comments earlier in the trial led defense counsel to believe that, relying on People v. Lockett (1980), 82 Ill. 2d 546 , the trial judge would not give a justification instruction without also giving a manslaughter instruction.

1984The court held that under People v. Lockett (1980), 82 Ill. 2d 546 , if there is any evidence of self-defense then a manslaughter instruction should be given.