accountability instruction in Illinois

2026Id. at 161 .

2026Id.

1979Our supreme court there held that prejudicial error did not result from the giving of an accountability instruction to the jury because “there was sufficient evidence from which the jury could find both defendants guilty as principals.” ( 56 Ill. 2d 432, 451 , 308 N.E.2d 590, 600 .) This is exactly the situation in our case.

1979Our supreme court there held that prejudicial error did not result from the giving of an accountability instruction to the jury because “there was sufficient evidence from which the jury could find both defendants guilty as principals.” ( 56 Ill. 2d 432, 451 , 308 N.E.2d 590, 600 .) This is exactly the situation in our case.

2014Washington, 375 Ill.

2014Washington, 375 Ill.

2014App. 3d at 1025-32 . -15- 1-11-3004 ¶ 55 The appellate court, relying on the accountability analysis in People v. Perez, 189 Ill. 2d 254 (2000), held the State failed to prove beyond a reasonable doubt that the defendant participated in a common criminal design because the State failed to offer any evidence that defendant intentionally aided in or encouraged the plan to drive around looking for someone to shoot.

2014App. 3d at 1025-32 . -15- 1-11-3004 ¶ 55 The appellate court, relying on the accountability analysis in People v. Perez, 189 Ill. 2d 254 (2000), held the State failed to prove beyond a reasonable doubt that the defendant participated in a common criminal design because the State failed to offer any evidence that defendant intentionally aided in or encouraged the plan to drive around looking for someone to shoot.

1986App. 3d 28 , 389 N.E.2d 1316 , the court there rejected a similar defense argument, found that the evidence there was sufficient to support an accountability instruction, and affirmed the defendant’s conviction.

1981App. 3d 28, 36 , 389 N.E.2d 1316 .) Under the facts of this case, the giving of Illinois Pattern Instructions, Criminal, No. 5.03 (1968), (hereinafter IPI), the accountability instruction, was proper.

1983(People v. Dukett (1974), 56 Ill. 2d 432 , 308 N.E.2d 590 , cert. denied (1974), 419 U.S. 965 , 42 L.

1981(People v. Dukett (1974), 56 Ill. 2d 432 , 308 N.E.2d 590 , cert. denied (1974), 419 U.S. 965 , 42 L.

2014People v. Zirko, 2012 IL App (1st) 092158, ¶ 39 ; People v. Scott, 271 Ill.

2013People v. Zirko, 2012 IL App (1st) 092158, ¶ 39 ; People v. Scott, 271 Ill.

1995Even where a prosecutor has misstated the law of accountability in closing argument, the error is not grounds for reversal where the jury was properly instructed. ( People v. Underwood (1982), 108 Ill.App.3d 846 , 64 Ill.Dec. 415 , 439 N.E.2d 1080 ; People v. Blalock (1993), 239 Ill.App.3d 830 , 180 Ill.Dec. 576 , 607 N.E.2d 645 .) Further, any error in this regard is harmless.

1995Even where a prosecutor has misstated the law of accountability in closing argument, the error is not grounds for reversal where the jury was properly instructed. ( People v. Underwood (1982), 108 Ill.App.3d 846 , 64 Ill.Dec. 415 , 439 N.E.2d 1080 ; People v. Blalock (1993), 239 Ill.App.3d 830 , 180 Ill.Dec. 576 , 607 N.E.2d 645 .) Further, any error in this regard is harmless.

1994In People v. House (1992), 232 Ill.App.3d 309 , 174 Ill.Dec. 4 , 597 N.E.2d 1216 , as the majority notes, this court found the defendant accountable for burglary, where he assisted a burglar in loading stolen goods, because the crime was not complete until the burglar escaped the scene of the crime. ( House, 232 Ill.App.3d at 312 , 174 Ill.Dec. 4 , 597 N.E.2d 1216 .) In Johnson, the appellate court found the defendant accountable for robbery, where he fled the scene of a robbery in which he acquiesced, carrying the proceeds and disposing of them immediately before his apprehension. ( Johnson,

1994In People v. House (1992), 232 Ill.

1993(People v. Terry (1984), 99 Ill. 2d 508 , 460 N.E.2d 746 .) An instruction on accountability is error if there is an absence of supporting evidence; however, if the evidence supports the defendant’s guilt as a principal and under a theory of accountability, the giving of the accountability instruction is proper.

1993(People v. Terry (1984), 99 Ill. 2d 508 , 460 N.E.2d 746 .) An instruction on accountability is error if there is an absence of supporting evidence; however, if the evidence supports the defendant’s guilt as a principal and under a theory of accountability, the giving of the accountability instruction is proper.

1993App. 3d 527, 536 , 463 N.E.2d 139, 147 .) The Illinois Supreme Court has held that the fact that defendant might have been guilty of direct participation in the crime does not make an accountability instruction improper, as long as there was sufficient evidence that he aided another in the commission of the crime.

1988People v. Wilkerson (1984), 123 Ill.

1992An individual instruction should not be judged in artificial isolation; rather, the instruction should be examined in light of the overall charge. ( People v. Housby (1981), 84 Ill.2d 415, 433-34 , 50 Ill.Dec. 834 , 420 N.E.2d 151 .) The non-IPI instruction made reference to the defendant and "his accomplice." The jury was also given the accountability instruction, IPI Criminal 2d No. 5.03.

1992(People v. Housby (1981), 84 Ill. 2d 415, 433-34 .) The non-IPI instruction made reference to the defendant and “his accomplice.” The jury was also given the accountability instruction, IPI Criminal 2d No. 5.03.

1992People v. Daniels (1985), 139 Ill.

1987(People v. Daniels (1985), 139 Ill.

1991App. 2d 853, 858 , 272 N.E.2d 278 .) The accountability instruction for murder was properly refused.

1976An accountability instruction given over defendant’s objection was found improper where there was “no direct evidence * * * on which to base this [the accountability] instruction.” People v. Umphers, 133 Ill.

1986The narrow holding of the appellate court was that “in a case such as this, where the items possessed belong to more than one codefendant, an accountability instruction may be proper.” ( 76 Ill.

1986The narrow holding of the appellate court was that "in a case such as this, where the items possessed belong to more than one codefendant, an accountability instruction may be proper." ( 76 Ill.

1981(See People v. Clifford (1976), 38 Ill.

1977App. 3d 685 , 336 N.E.2d 284 .) “The fact that defendant might have been guilty of direct participation in the crime does not render the accountability instruction improper if there was also sufficient evidence that he aided another in the commissiop of the [offense]. [Citation.]” (People v. Clifford (1976), 38 Ill.

1978Even though an issue instruction was not tendered with the accountability instruction (People v. Hatfield, 5 Ill.

1978App. 3d 996 , 284 N.E.2d 708 ) no instruction was tendered by the defendants, and the court was not required to submit such an instruction sua sponte.

1977App. 3d 685 , 336 N.E.2d 284 .) “The fact that defendant might have been guilty of direct participation in the crime does not render the accountability instruction improper if there was also sufficient evidence that he aided another in the commissiop of the [offense]. [Citation.]” (People v. Clifford (1976), 38 Ill.

1977People v. Johnson (1975), 32 Ill.

2026It was too late for the State to change its theory of the case after the case had been sent to the jury.” Id. at 165 . ¶ 78 In Cole, 333 U.S. at 198 , the petitioners were tried and convicted of violating section 2 of an Arkansas statute, which made it unlawful for a person to assemble with others near a labor dispute and promote or encourage others to engage in such unlawful assemblage.