claim of self defense (Illinois) · Go Syfert
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claim of self defense in Illinois

9 Illinois opinions name it 2 courts 1999–2023 5 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 (6)

CaseFollowedCited
People v. Jeffriesgreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 1999–2016
2 sentences

2016In order for a claim of self- defense to be proper, "the defendant must establish some evidence of each of the following elements: (1) force is threatened against a person; (2) the person threatened is not the aggressor; (3) the danger of harm was imminent; (4) the threatened force was unlawful; (5) he actually and subjectively believed a danger existed which required the use of the force applied; and (6) his beliefs were objectively reasonable." People v. Jeffries, 164 Ill. 2d 104, 127-28 (1995); People v. Holman, 2014 IL App (3d) 120905 , ¶ 57.

1999See People v. Jeffries , 164 Ill. 2d 104, 127-28 (1995).

22
People v. Jonesgreen
ill · 1997 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See, e.g., People v. Jones, 175 Ill. 2d 126, 133 (1997) (noting, “circumstantial evidence presented by the State [may] raise [] affirmative defense”). ¶ 70 As it happens, the State’s case-in-chief presented evidence supporting a claim of self- defense.

11
People v. Morgangreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022People v. Morgan, 187 Ill.2d 500, 533 (1999); see also, 720 ILCS 5/7-1 (West 2020).

11
People v. Washingtongreen
ill · 2012 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Washington, 2012 IL 110283, ¶ 35 .

11
People v. Montesgreen
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See 720 ILCS 5/7-1 (West 2016); Lee, 213 Ill. 2d at 225 ; People v. Montes, 263 Ill.

11
People v. Barnslatergreen
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015See id. at 521 ("actual innocence requires that a defendant be free of liability not only for the crime of conviction, but also of any related offenses").

11

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 (3)

CaseCitedYears
People v. Lee green
ill · 2004
2 sentences

2022Id. ¶ 15 Viewing the evidence in the light most favorable to the State, defendant’s claim is without merit.

2020See 720 ILCS 5/7-1 (West 2016); Lee, 213 Ill. 2d at 225 ; People v. Montes, 263 Ill.

22020–2022
People v. Horton green
illappct · 2021
1 sentence

2022People v. Horton, 2021 IL App (1st) 180551, ¶ 46 .

12022–2022
People v. Holman green
illappct · 2014
1 sentence

2016In order for a claim of self- defense to be proper, "the defendant must establish some evidence of each of the following elements: (1) force is threatened against a person; (2) the person threatened is not the aggressor; (3) the danger of harm was imminent; (4) the threatened force was unlawful; (5) he actually and subjectively believed a danger existed which required the use of the force applied; and (6) his beliefs were objectively reasonable." People v. Jeffries, 164 Ill. 2d 104, 127-28 (1995); People v. Holman, 2014 IL App (3d) 120905 , ¶ 57.

12016–2016

Statutes the citing opinions construe

IL § 720 ILCS 5/7-1 (4)

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

IN 49 (1971–2020) TX 33 (1981–2025) PA 22 (1984–2026) CA 13 (1981–2026) OH 13 (1999–2026) IL 9 (1999–2023) NM 8 (1984–2024) AL 7 (1955–1990) WA 6 (2013–2021) MN 6 (2002–2024) CT 4 (1974–2023) GA 3 (2014–2024) MI 3 (2019–2025) TN 3 (1978–2019) IA 3 (1968–2018) MT 3 (2002–2025) SC 2 (2019–2019) DE 2 (1997–2014) NJ 2 (1997–2020) MA 2 (1980–2019) DC 2 (1990–2017) MD 2 (1987–2018) FL 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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