permissive presumption in Illinois

60 Illinois opinions name it 2 courts 1980–2023 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 (14)

Case	Followed	Cited
People v. Hestergreen ill · 1989 · cited in 16 Illinois opinions naming this issue, 1990–2022 2 sentences 2002“With a permissive presumption, the fact finder ‘is free to accept or reject the suggested presumption.’ ” Watts, 181 Ill. 3d at 142, quoting Hester, 131 Ill. 2d at 99 . 2002"With a permissive presumption, the fact finder 'is free to accept or reject the suggested presumption.' " Watts , 181 Ill. 3d at 142, quoting Hester , 131 Ill. 2d at 99 .	7	16
People v. Wattsgreen ill · 1998 · cited in 8 Illinois opinions naming this issue, 2002–2022 2 sentences 2002"With a permissive presumption, the fact finder `is free to accept or reject the suggested presumption.'" Watts, 181 Ill.2d at 142 , 229 Ill.Dec. 542 , 692 N.E.2d 315 , quoting Hester, 131 Ill.2d at 99 , 136 Ill.Dec. 111 , 544 N.E.2d 797 . 2002"With a permissive presumption, the fact finder `is free to accept or reject the suggested presumption.'" Watts, 181 Ill.2d at 142 , 229 Ill.Dec. 542 , 692 N.E.2d 315 , quoting Hester, 131 Ill.2d at 99 , 136 Ill.Dec. 111 , 544 N.E.2d 797 .	3	8
People v. Woodrumgreen ill · 2006 · cited in 7 Illinois opinions naming this issue, 2007–2019 2 sentences 2012Graham, Cleary & Graham's Handbook of Illinois Evidence § 302.2, at 81 (8th ed. 2004), and 1 Clifford S. Fishman, Jones on Evidence § 4:1, at 299-300 (7th ed. 1992)); Woodrum , 223 Ill.2d at 443 308, 307 Ill.Dec. 605 , 860 N.E.2d 259 ("The fact finder is free to accept or reject a permissive presumption."). ¶ 29 Here, the instruction at issue contains an inference. 2012Graham, Cleary & Graham's Handbook of Illinois Evidence § 302.2, at 81 (8th ed. 2004), and 1 Clifford S. Fishman, Jones on Evidence § 4:1, at 299-300 (7th ed. 1992)); Woodrum , 223 Ill.2d at 443 308, 307 Ill.Dec. 605 , 860 N.E.2d 259 ("The fact finder is free to accept or reject a permissive presumption."). ¶ 29 Here, the instruction at issue contains an inference.	3	7
Dillon v. Evanston Hospitalgreen ill · 2002 · cited in 3 Illinois opinions naming this issue, 2016–2017 2 sentences 2017Dillon v. Evanston Hospital, 199 Ill. 2d 483, 505 (2002). 2017Dillon v. Evanston Hospital, 199 Ill. 2d 483, 505 (2002).	3	3
In Re DKgreen illappct · 1984 · cited in 3 Illinois opinions naming this issue, 1996–2004 2 sentences 2004See In re D.K., 125 Ill. 1996See In re D.K., 125 Ill.App.3d 309, 311 , 80 Ill.Dec. 342 , 465 N.E.2d 133 (1984).	3	3
County Court of Ulster Cty. v. Allengreen scotus · 1979 · cited in 14 Illinois opinions naming this issue, 1980–2003 2 sentences 1991Ed. 2d 777, 797 , 99 S. Ct. 2213, 2229 .) In contrast, a permissive presumption must have a “rational connection” (Housby, 84 Ill. 2d at 420 , citing Tot v. United States (1943), 319 U.S. 463, 467 , 87 L. 1991Ed. 2d at 797 , 99 S. Ct. at 2229 ).When the burden of proof is beyond a reasonable doubt, a permissive presumption must further be corroborated.	2	14
People v. Housbygreen ill · 1981 · cited in 12 Illinois opinions naming this issue, 1981–2004 2 sentences 2004"Where the permissive presumption is the lone basis for a finding of guilt, however, the presumed fact must flow beyond a reasonable doubt from the proven, predicate fact." Greco, 204 Ill.2d at 408 , 274 Ill.Dec. 73 , 790 N.E.2d 846 , citing People v. Housby, 84 Ill.2d 415, 425 , 50 Ill.Dec. 834 , 420 N.E.2d 151 (1981). 2004“Where the permissive presumption is the lone basis for a finding of guilt, however, the presumed fact must flow beyond a reasonable doubt from the proven, predicate fact.” Greco, 204 Ill. 2d at 408 , citing People v. Housby, 84 Ill. 2d 415, 421 (1981).	2	12
People v. Jordangreen ill · 2006 · cited in 4 Illinois opinions naming this issue, 2006–2017 2 sentences 2017As Jordan noted, a permissive presumption exists where the statute “allows, but does not require, the fact finder to infer the existence of the ultimate or presumed fact upon proof of the predicate fact, without placing any burden on defendant.” 218 Ill. 2d at 265 . 2017As Jordan noted, a permissive presumption exists where the statute “allows, but does not require, the fact finder to infer the existence of the ultimate or presumed fact upon proof of the predicate fact, without placing any burden on defendant.” Id. at 265 .	2	4
People v. Olsengreen illappct · 2009 · cited in 2 Illinois opinions naming this issue, 2023–2023 2 sentences 2023See Olsen, 388 Ill. 2023See Olsen, 388 Ill.	2	2
People v. Chapmangreen ill · 2000 · cited in 2 Illinois opinions naming this issue, 2012–2012 2 sentences 2012See People v. Chapman, 194 Ill.2d 186, 225 , 252 Ill.Dec. 474 , 743 N.E.2d 48 (2000) (failure to properly preserve an alleged error by both an objection at trial and a written posttrial motion constitutes a procedural default of that error on review). 2012See People v. Chapman, 194 Ill.2d 186, 225 , 252 Ill.Dec. 474 , 743 N.E.2d 48 (2000) (failure to properly preserve an alleged error by both an objection at trial and a written posttrial motion constitutes a procedural default of that error on review).	2	2
People v. Fraziergreen illappct · 1984 · cited in 2 Illinois opinions naming this issue, 2012–2012 2 sentences 2012People v. Frazier, 123 Ill. 2012People v. Frazier, 123 Ill.	2	2
Francis v. Franklingreen scotus · 1985 · cited in 4 Illinois opinions naming this issue, 1985–2002 2 sentences 2002“A mandatory presumption instructs the jury that it must infer the presumed fact if the State proves certain predicate facts.” Francis v. Franklin, 471 U.S. 307, 314 , 85 L. 1985The words “may infer” in the instruction are not “cast in the language of command,” as was the improper instruction on a permissive presumption in Francis v. Franklin (1985), 471 U.S._, 85 L.	1	4
People v. D.K.green illappct · 1984 · cited in 1 Illinois opinions naming this issue, 1996–1996 1 sentence 1996See In re D.K., 125 Ill.App.3d 309, 311 , 80 Ill.Dec. 342 , 465 N.E.2d 133 (1984).	1	1
People v. Collingsgreen illappct · 1981 · cited in 1 Illinois opinions naming this issue, 1987–1987	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 (18)

Case	Cited	Years
People v. Pomykala green ill · 2003 2 sentences 2004The State counters that section 12—21.6(b) is a permissive presumption and relies on People v. Pomykala, 203 Ill. 2d 198 , 784 N.E.2d 784 (2003). 2004The State counters that section 12—21.6(b) is a permissive presumption and relies on People v. Pomykala, 203 Ill. 2d 198 , 784 N.E.2d 784 (2003).	8	2004–2022
People v. Greco green ill · 2003 2 sentences 2004"Where the permissive presumption is the lone basis for a finding of guilt, however, the presumed fact must flow beyond a reasonable doubt from the proven, predicate fact." Greco, 204 Ill.2d at 408 , 274 Ill.Dec. 73 , 790 N.E.2d 846 , citing People v. Housby, 84 Ill.2d 415, 425 , 50 Ill.Dec. 834 , 420 N.E.2d 151 (1981). 2004“Where the permissive presumption is the lone basis for a finding of guilt, however, the presumed fact must flow beyond a reasonable doubt from the proven, predicate fact.” Greco, 204 Ill. 2d at 408 , citing People v. Housby, 84 Ill. 2d 415, 421 (1981).	2	2004–2004
People v. Elliott green illappct · 1986 2 sentences 1993(People v. Housby (1981), 84 Ill. 2d 415, 432-33 , 420 N.E.2d 151 ; People v. Elliott (1986), 143 Ill. 1989Additionally, a case involving a similar instruction was recently affirmed in People v. Elliott (1986), 143 Ill.	2	1989–1993
Tot v. United States green scotus · 1943 2 sentences 1991Ed. 2d 777, 797 , 99 S. Ct. 2213, 2229 .) In contrast, a permissive presumption must have a “rational connection” (Housby, 84 Ill. 2d at 420 , citing Tot v. United States (1943), 319 U.S. 463, 467 , 87 L. 1991Ed. 2d 777, 797 , 99 S. Ct. 2213, 2229 .) In contrast, a permissive presumption must have a “rational connection” (Housby, 84 Ill. 2d at 420 , citing Tot v. United States (1943), 319 U.S. 463, 467 , 87 L.	2	1981–1991
People v. Graven green illappct · 1984 2 sentences 1991(People v. Hester (1989), 131 Ill. 2d 91 , 544 N.E.2d 797 ; Graven, 124 Ill. 1987(People v. Graven (1984), 124 Ill.	2	1987–1991
People v. Malik green illappct · 1983 2 sentences 1989App. 3d at 210 .) The Malik court noted that “the parties agree[d] that the presumption * can only be justified as a permissive presumption.” ( 113 Ill. 1989**App. 3d 206 , 446 N.E.2d 931 .) Any judicial modification or alteration of a statutory presumption from a mandatory presumption to a permissive presumption by a jury instruction constitutes unconstitutional judicial legislation or statutory amendment by judicial decree in violation of the separation of powers under article II, section 1, of the Illinois Constitution, which provides, “The legislative, executive and judicial branches are separate.	2	1989–1991
Leary v. United States green scotus · 1969 2 sentences 1981Ed. 1519, 1524 , 63 S. Ct. 1241, 1245 ), and from Leary v. United States, which promulgated the following standard: “[A] criminal statutory presumption must be regarded as ‘irrational’ or ‘arbitrary,’ and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend.” ( 395 U.S. 6, 36 , 23 L. 1981Ed. 1519, 1524 , 63 S. Ct. 1241, 1245 ), and from Leary v. United States, which promulgated the following standard: “[A] criminal statutory presumption must be regarded as ‘irrational’ or ‘arbitrary,’ and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend.” ( 395 U.S. 6, 36 , 23 L.	2	1980–1981
People v. Sweigart green illappct · 2013 1 sentence 2022Sweigart, 2013 IL App (2d) 110885, ¶ 19 ; Velez, 2012 IL App (1st) 101325, ¶ 30 . -10- 1-20-0274 With a permissive presumption, the fact finder is free to accept or reject the suggested presumption.	1	2022–2022
People v. Velez green illappct · 2012 1 sentence 2022Sweigart, 2013 IL App (2d) 110885, ¶ 19 ; Velez, 2012 IL App (1st) 101325, ¶ 30 . -10- 1-20-0274 With a permissive presumption, the fact finder is free to accept or reject the suggested presumption.	1	2022–2022
People v. Letcher green illappct · 2008 1 sentence 2021The defendant argues, however, that even under this permissive standard, the large number of counts alleged herein does not support 254 separate and distinct penetrations. ¶ 62 In Letcher, 386 Ill.	1	2021–2021
United States v. Romano green scotus · 1965 2 sentences 1996United States v. Romano, 382 U.S. 136, 139 , 15 L. 1996United States v. Romano, 382 U.S. 136, 139 , 15 L.	1	1996–1996
People v. Embry green illappct · 1988 1 sentence 1993Therefore, the validity of the permissive presumption rests on an evaluation of the presumption as applied to the particular defendant on the record.” Embry, 177 Ill.	1	1993–1993
People v. Joyce green illappct · 1992 1 sentence 1993Joyce II, 234 Ill.	1	1993–1993
Crenshaw v. Leeke green scotus · 1981 1 sentence 1988(People v. Housby (1981), 84 Ill. 2d 415 , 420 N.E.2d 151 , cert. denied (1981), 454 U.S. 845 , 70 L.	1	1988–1988
Powell v. Levit neutral scotus · 1981 1 sentence 1988(People v. Housby (1981), 84 Ill. 2d 415 , 420 N.E.2d 151 , cert. denied (1981), 454 U.S. 845 , 70 L.	1	1988–1988
Morrison v. Flowers green ill · 1923 2 sentences 1988Such a rule does not change the burden of proof, for when all of the evidence introduced in the case is submitted the case is to be determined upon the whole evidence.” (Morrison v. Flowers (1923), 308 Ill. 189, 194-95 , 139 N.E. 10, 12 .) Relying upon County Court, our supreme court has also stated where the inference is only permissive, that is where the fact finder is given the option of ignoring or relying upon the inference, the test for dealing with a permissive presumption is there must be a rational connection between the facts proved and the facts presumed. 1988Such a rule does not change the burden of proof, for when all of the evidence introduced in the case is submitted the case is to be determined upon the whole evidence.” (Morrison v. Flowers (1923), 308 Ill. 189, 194-95 , 139 N.E. 10, 12 .) Relying upon County Court, our supreme court has also stated where the inference is only permissive, that is where the fact finder is given the option of ignoring or relying upon the inference, the test for dealing with a permissive presumption is there must be a rational connection between the facts proved and the facts presumed.	1	1988–1988
People v. Wilson green illappct · 1986 1 sentence 1987App. 3d 388 , 490 N.E.2d 177 , that an instruction similar to the one at issue created an unconstitutional rebuttable mandatory presumption rather than only a permissive presumption which did not shift the burden of proof from the State to the defendant.	1	1987–1987
Felix Stroud Hammontree v. C. Paul Phelps, Director, Louisiana Department of Corrections, Respondent green ca5 · 1979	1	1980–1980

Statutes the citing opinions construe

IL § 720 ILCS 5/10-5 (6) IL § 720 ILCS 5/9-3 (6) IL § 5 ILCS 70/1.31 (5) IL § 815 ILCS 515/3 (5) IL § 625 ILCS 5/11-501.2 (4) IL § 730 ILCS 150/2 (4) IL § 730 ILCS 150/3 (4) IL § 720 ILCS 5/1-1 (3) IL § 720 ILCS 5/12-12 (3) IL § 725 ILCS 5/111-6 (3) IL § 735 ILCS 5/8-2101 (3) IL § 815 ILCS 515/1 (3)

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

IA 80 (1984–2026) IL 60 (1980–2023) TX 56 (1952–2025) CA 38 (1920–2025) GA 31 (1979–2025) NY 25 (1957–2023) KS 14 (1980–2023) AZ 14 (1981–2024) PA 11 (1983–2024) FL 11 (1967–2017) LA 11 (1979–2020) OH 10 (1982–2022) MI 9 (1953–2015) NJ 9 (1908–2025) WI 7 (1909–2022) WA 6 (1974–2010) WV 6 (1967–2003) VA 6 (1918–2024) NC 6 (1980–2018) AL 6 (1992–2015) MT 6 (1963–1990) DC 5 (1987–2021) CO 5 (1985–2025) WY 5 (1983–2015) CT 5 (1980–2024) TN 4 (1958–2007) MA 4 (1975–2013) MN 3 (1997–2013) DE 3 (1990–2025) MS 3 (1974–1999) VT 3 (1971–2021) NM 3 (1989–2016) NV 2 (1966–1992) AR 2 (1998–1998) HI 2 (1987–2007) UT 2 (2025–2025) NH 2 (2019–2019) RI 2 (1993–1997) ND 2 (1989–2016)

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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