offense as aggravating factors (Illinois) · Go Syfert
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offense as aggravating factors in Illinois

8 Illinois opinions name it 1 courts 1991–2025 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 (1)

CaseFollowedCited
People v. Phelpsgreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People -7- v. Phelps, 211 Ill. 2d 1, 11-12 (2004).

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 (9)

CaseCitedYears
People v. Kargol green
illappct · 1991
2 sentences

1998People v. Kargol, 219 Ill.

1998People v. Kargol , 219 Ill.

21998–1998
People v. Conover green
ill · 1981
2 sentences

1992Although a court in imposing sentence may not consider the bare elements of an offense as aggravating factors (see People v. Conover (1981), 84 Ill. 2d 400 , 419 N.E.2d 906 ), it may consider “ ‘the nature and circumstances of the offense, including the nature and extent of each element of the offense as committed by the defendant.’ ” People v. Saldivar (1986), 113 Ill. 2d 256, 268-69 , 497 N.E.2d 1138 , quoting People v. Hunter (1981), 101 Ill.

1992Although a court in imposing sentence may not consider the bare elements of an offense as aggravating factors (see People v. Conover (1981), 84 Ill. 2d 400 , 419 N.E.2d 906 ), it may consider “ ‘the nature and circumstances of the offense, including the nature and extent of each element of the offense as committed by the defendant.’ ” People v. Saldivar (1986), 113 Ill. 2d 256, 268-69 , 497 N.E.2d 1138 , quoting People v. Hunter (1981), 101 Ill.

21991–1992
People v. Saldivar green
ill · 1986
2 sentences

1992Although a court in imposing sentence may not consider the bare elements of an offense as aggravating factors (see People v. Conover (1981), 84 Ill. 2d 400 , 419 N.E.2d 906 ), it may consider “ ‘the nature and circumstances of the offense, including the nature and extent of each element of the offense as committed by the defendant.’ ” People v. Saldivar (1986), 113 Ill. 2d 256, 268-69 , 497 N.E.2d 1138 , quoting People v. Hunter (1981), 101 Ill.

1992Although a court in imposing sentence may not consider the bare elements of an offense as aggravating factors (see People v. Conover (1981), 84 Ill. 2d 400 , 419 N.E.2d 906 ), it may consider “ ‘the nature and circumstances of the offense, including the nature and extent of each element of the offense as committed by the defendant.’ ” People v. Saldivar (1986), 113 Ill. 2d 256, 268-69 , 497 N.E.2d 1138 , quoting People v. Hunter (1981), 101 Ill.

21991–1992
People v. Griffin neutral
illappct · 1972
1 sentence

2024Citing several cases from the 1970s, namely People v. Kish, 58 Ill. App. 3d 215 (1978), People v. Johnson, 29 Ill. App. 3d 763 (1975), and People v. Griffin, 8 Ill. App. 3d 1070 (1972), the defendant asserts that the starting point for his sentence should have been the statutory minimum of twenty years’ imprisonment and that any additional time would be "dependent upon the court’s divination as to the length of time required to achieve rehabilitation.” Johnson, 29 Ill. App. 3d at 767 .

12024–2024
People v. Johnson neutral
illappct · 1975
2 sentences

2024Citing several cases from the 1970s, namely People v. Kish, 58 Ill. App. 3d 215 (1978), People v. Johnson, 29 Ill. App. 3d 763 (1975), and People v. Griffin, 8 Ill. App. 3d 1070 (1972), the defendant asserts that the starting point for his sentence should have been the statutory minimum of twenty years’ imprisonment and that any additional time would be "dependent upon the court’s divination as to the length of time required to achieve rehabilitation.” Johnson, 29 Ill. App. 3d at 767 .

2024Citing several cases from the 1970s, namely People v. Kish, 58 Ill. App. 3d 215 (1978), People v. Johnson, 29 Ill. App. 3d 763 (1975), and People v. Griffin, 8 Ill. App. 3d 1070 (1972), the defendant asserts that the starting point for his sentence should have been the statutory minimum of twenty years’ imprisonment and that any additional time would be "dependent upon the court’s divination as to the length of time required to achieve rehabilitation.” Johnson, 29 Ill. App. 3d at 767 .

12024–2024
People v. Kish green
illappct · 1978
1 sentence

2024Citing several cases from the 1970s, namely People v. Kish, 58 Ill. App. 3d 215 (1978), People v. Johnson, 29 Ill. App. 3d 763 (1975), and People v. Griffin, 8 Ill. App. 3d 1070 (1972), the defendant asserts that the starting point for his sentence should have been the statutory minimum of twenty years’ imprisonment and that any additional time would be "dependent upon the court’s divination as to the length of time required to achieve rehabilitation.” Johnson, 29 Ill. App. 3d at 767 .

12024–2024
People v. Brown green
illappct · 2019
1 sentence

2023Brown, 2019 IL App (5th) 160329, ¶ 18 . ¶ 98 In this case, the trial court explicitly stated it was not considering the elements of the offense as aggravating factors in sentencing defendant.

12023–2023
People v. Hunter green
illappct · 1981
1 sentence

1992Although a court in imposing sentence may not consider the bare elements of an offense as aggravating factors (see People v. Conover (1981), 84 Ill. 2d 400 , 419 N.E.2d 906 ), it may consider “ ‘the nature and circumstances of the offense, including the nature and extent of each element of the offense as committed by the defendant.’ ” People v. Saldivar (1986), 113 Ill. 2d 256, 268-69 , 497 N.E.2d 1138 , quoting People v. Hunter (1981), 101 Ill.

11992–1992
People v. Tolliver green
illappct · 1981
1 sentence

1992App. 3d 692, 694 , 426 N.E.2d 666 ; People v. Tolliver (1981), 98 Ill.

11992–1992

Where else courts name it

IL 8 (1991–2025) IN 2 (1999–2016)

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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