instruction on an affirmative defense in Illinois

9 Illinois opinions name it 1 courts 1975–2026 2 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 (2)

Case	Followed	Cited
People v. Jordangreen illappct · 1993 · cited in 2 Illinois opinions naming this issue, 2000–2000 2 sentences 2000In order for a defendant to be entitled to an instruction on an affirmative defense, “[tjhere must be enough evidence so that, if believed, it would be ‘sufficient for a reasonable jury to find in his favor.’ [Citation.]” People v. Jordan, 247 Ill. 2000In order for a defendant to be entitled to an instruction on an affirmative defense, "[t]here must be enough evidence so that, if believed, it would be 'sufficient for a reasonable jury to find in his favor.' [Citation.]." People v. Jordan , 247 Ill.	2	2
People v. Alexandergreen illappct · 1993 · cited in 1 Illinois opinions naming this issue, 1997–1997 1 sentence 1997People v. Alexander, 250 Ill.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

Case	Cited	Years
People v. Macias green illappct · 2025 2 sentences 2026People v. Washington, 2012 IL 110283, ¶ 43 ; People v. Macias, 2025 IL App (1st) 230678, ¶ 17 . 2026People v. Washington, 2012 IL 110283, ¶ 43 ; People v. Macias, 2025 IL App (1st) 230678, ¶ 17 .	2	2026–2026
People v. Washington green ill · 2012 2 sentences 2026People v. Washington, 2012 IL 110283, ¶ 43 ; People v. Macias, 2025 IL App (1st) 230678, ¶ 17 . 2026People v. Washington, 2012 IL 110283, ¶ 43 ; People v. Macias, 2025 IL App (1st) 230678, ¶ 17 .	2	2026–2026
People v. Everette green ill · 1991 1 sentence 1993(People v. Wielgos (1991), 142 Ill. 2d 133, 136 ; People v. Everette (1990), 141 Ill. 2d 147, 156 .) The test is whether there is enough evidence for a rational fact finder to conclude that the State has not disproved the affirmative defense beyond a reasonable doubt.	1	1993–1993
People v. Wielgos green ill · 1991 1 sentence 1993(People v. Wielgos (1991), 142 Ill. 2d 133, 136 ; People v. Everette (1990), 141 Ill. 2d 147, 156 .) The test is whether there is enough evidence for a rational fact finder to conclude that the State has not disproved the affirmative defense beyond a reasonable doubt.	1	1993–1993
People v. Bratcher green ill · 1976 2 sentences 1989(People v. Bratcher (1976), 63 Ill. 2d 534, 540 , 349 N.E.2d 31 .) But the court cautioned that “the merest factual reference or witness’s commentfs]” may not necessarily support an instruction on an affirmative defense. 1989(People v. Bratcher (1976), 63 Ill. 2d 534, 540 , 349 N.E.2d 31 .) But the court cautioned that “the merest factual reference or witness’s commentfs]” may not necessarily support an instruction on an affirmative defense.	1	1989–1989
People v. Stamps green illappct · 1982 1 sentence 1984Therefore, he posits, while the decision whether to give a non-IPI instruction rests within the sound discretion of the trial court (People v. Stamps (1982), 108 Ill.	1	1984–1984
People v. Porterfield neutral illappct · 1971 2 sentences 1975(People v. Pulley (1973), 11 Ill.App.3d 292 , 296 N.E.2d 373 ; People v. Browry (1972), 8 Ill.App.3d 599 , 290 N.E.2d 650 ; People v. Porterfield (1971), 131 Ill.App.2d 167 , 268 N.E.2d 537 .) By his silence the defendant waived the right to complain on appeal that the jury instructions did not define self-defense, and by his failure to suggest this or some other defense of justification, the noninclusion of the words “without lawful justification” in the instructions of the court was not improper. 1975(People v. Pulley (1973), 11 Ill.App.3d 292 , 296 N.E.2d 373 ; People v. Browry (1972), 8 Ill.App.3d 599 , 290 N.E.2d 650 ; People v. Porterfield (1971), 131 Ill.App.2d 167 , 268 N.E.2d 537 .) By his silence the defendant waived the right to complain on appeal that the jury instructions did not define self-defense, and by his failure to suggest this or some other defense of justification, the noninclusion of the words “without lawful justification” in the instructions of the court was not improper.	1	1975–1975
People v. Pulley neutral illappct · 1973 2 sentences 1975(People v. Pulley (1973), 11 Ill.App.3d 292 , 296 N.E.2d 373 ; People v. Browry (1972), 8 Ill.App.3d 599 , 290 N.E.2d 650 ; People v. Porterfield (1971), 131 Ill.App.2d 167 , 268 N.E.2d 537 .) By his silence the defendant waived the right to complain on appeal that the jury instructions did not define self-defense, and by his failure to suggest this or some other defense of justification, the noninclusion of the words “without lawful justification” in the instructions of the court was not improper. 1975(People v. Pulley (1973), 11 Ill.App.3d 292 , 296 N.E.2d 373 ; People v. Browry (1972), 8 Ill.App.3d 599 , 290 N.E.2d 650 ; People v. Porterfield (1971), 131 Ill.App.2d 167 , 268 N.E.2d 537 .) By his silence the defendant waived the right to complain on appeal that the jury instructions did not define self-defense, and by his failure to suggest this or some other defense of justification, the noninclusion of the words “without lawful justification” in the instructions of the court was not improper.	1	1975–1975
People v. Browry green illappct · 1972 2 sentences 1975(People v. Pulley (1973), 11 Ill.App.3d 292 , 296 N.E.2d 373 ; People v. Browry (1972), 8 Ill.App.3d 599 , 290 N.E.2d 650 ; People v. Porterfield (1971), 131 Ill.App.2d 167 , 268 N.E.2d 537 .) By his silence the defendant waived the right to complain on appeal that the jury instructions did not define self-defense, and by his failure to suggest this or some other defense of justification, the noninclusion of the words “without lawful justification” in the instructions of the court was not improper. 1975(People v. Pulley (1973), 11 Ill.App.3d 292 , 296 N.E.2d 373 ; People v. Browry (1972), 8 Ill.App.3d 599 , 290 N.E.2d 650 ; People v. Porterfield (1971), 131 Ill.App.2d 167 , 268 N.E.2d 537 .) By his silence the defendant waived the right to complain on appeal that the jury instructions did not define self-defense, and by his failure to suggest this or some other defense of justification, the noninclusion of the words “without lawful justification” in the instructions of the court was not improper.	1	1975–1975

Where else courts name it

IL 9 (1975–2026) GA 8 (1982–2011) CO 8 (1995–2026) OH 7 (2000–2026) WA 6 (2014–2023) NM 3 (2000–2023) CA 3 (1979–2021) MO 3 (1972–2002) TX 2 (2010–2010) MI 2 (2014–2015)

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.

← Caselaw search · G Cite Topics · Brief Check