aggravating or mitigating factors (Illinois) · Go Syfert
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aggravating or mitigating factors in Illinois

7 Illinois opinions name it 1 courts 1983–2010 0 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 (3)

CaseFollowedCited
People v. Barrowgreen
ill · 1989 · cited in 3 Illinois opinions naming this issue, 1994–2010
2 sentences

2010Defendant argues that “[evidence] is not proper at the sentencing hearing if it does not bear on the aggravating or mitigating factors, the circumstances of the offense or the character or rehabilitative potential of the particular defendant,” citing People v. Barrow, 133 Ill. 2d 226, 280 (1989).

2010Defendant argues that “[evidence] is not proper at the sentencing hearing if it does not bear on the aggravating or mitigating factors, the circumstances of the offense or the character or rehabilitative potential of the particular defendant,” citing People v. Barrow, 133 Ill. 2d 226, 280 (1989).

23
People v. Freegreen
ill · 1983 · cited in 1 Illinois opinions naming this issue, 1988–1988
2 sentences

1988(People v. Free (1983), 94 Ill. 2d 378, 433 (Clark, J., concurring in part and dissenting in part).) I can only repeat what I said in the original Free case, and urge this court to adopt the following rules of evidence for capital sentencing hearings: “If the evidence offered is extraneous to the facts and circumstances of the case or the character of the defendant, it is not admissible; if it would tend to divert the jury’s attention from the aggravating or mitigating factors before them, it should be excluded; and if the evidence impinges upon any fundamental constitutional guarantee, it can

1988(People v. Free (1983), 94 Ill. 2d 378, 433 (Clark, J., concurring in part and dissenting in part).) I can only repeat what I said in the original Free case, and urge this court to adopt the following rules of evidence for capital sentencing hearings: “If the evidence offered is extraneous to the facts and circumstances of the case or the character of the defendant, it is not admissible; if it would tend to divert the jury’s attention from the aggravating or mitigating factors before them, it should be excluded; and if the evidence impinges upon any fundamental constitutional guarantee, it can

11
The People v. Rileygreen
ill · 1941 · cited in 1 Illinois opinions naming this issue, 1984–1984
2 sentences

1984People v. Szabo (1983), 94 Ill. 2d 327, 366-67 ; People v. Walker (1982), 91 Ill. 2d 502, 515 ; see also People v. Riley (1941), 376 Ill. 364, 367-68 .

1984People v. Szabo (1983), 94 Ill.2d 327, 366-67 ; People v. Walker (1982), 91 Ill.2d 502, 515 ; see also People v. Riley (1941), 376 Ill. 364, 367-68 .

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 (7)

CaseCitedYears
People v. Szabo green
ill · 1983
2 sentences

1983I, sec. 11; People v. Szabo (1983), 94 Ill. 2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill. 2d 145, 162 ; People v. Carlson (1980), 79 Ill. 2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect (People v. Szabo (1983), 94 Ill. 2d 327, 363-68 ; People v. Devin (

1983I, sec. 11; People v. Szabo (1983), 94 Ill. 2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill. 2d 145, 162 ; People v. Carlson (1980), 79 Ill. 2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect (People v. Szabo (1983), 94 Ill. 2d 327, 363-68 ; People v. Devin (

31983–1989
People v. Walker green
ill · 1982
2 sentences

1983I, sec. 11; People v. Szabo (1983), 94 Ill. 2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill. 2d 145, 162 ; People v. Carlson (1980), 79 Ill. 2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect (People v. Szabo (1983), 94 Ill. 2d 327, 363-68 ; People v. Devin (

1983I, sec. 11; People v. Szabo (1983), 94 Ill.2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill.2d 145, 162 ; People v. Carlson (1980), 79 Ill.2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect ( People v. Szabo (1983), 94 Ill.2d 327, 363-68 ; People v. Devin (198

21983–1984
People v. Holman green
ill · 1984
1 sentence

1989(People v. Holman (1984), 103 Ill. 2d 133, 163 ; People v. Szabo (1983), 94 Ill. 2d 327, 366-67 .) The court, relatively, has held that comment on the possibility of the defendant’s obtaining parole, to implicitly persuade the jury to impose the death penalty, is improper and prejudicial.

11989–1989
People v. Gleckler green
ill · 1980
2 sentences

1983I, sec. 11; People v. Szabo (1983), 94 Ill. 2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill. 2d 145, 162 ; People v. Carlson (1980), 79 Ill. 2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect (People v. Szabo (1983), 94 Ill. 2d 327, 363-68 ; People v. Devin (

1983I, sec. 11; People v. Szabo (1983), 94 Ill.2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill.2d 145, 162 ; People v. Carlson (1980), 79 Ill.2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect ( People v. Szabo (1983), 94 Ill.2d 327, 363-68 ; People v. Devin (198

11983–1983
Gardner v. Florida green
scotus · 1977
2 sentences

1983The United States Supreme Court has clearly indicated that “[i]t is of vital importance to the defendant and to the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion.” (Gardner v. Florida (1977), 430 U.S. 349, 358 , 51 L.

1983The United States Supreme Court has clearly indicated that “[i]t is of vital importance to the defendant and to the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion.” (Gardner v. Florida (1977), 430 U.S. 349, 358 , 51 L.

11983–1983
People v. Carlson green
ill · 1980
2 sentences

1983I, sec. 11; People v. Szabo (1983), 94 Ill. 2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill. 2d 145, 162 ; People v. Carlson (1980), 79 Ill. 2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect (People v. Szabo (1983), 94 Ill. 2d 327, 363-68 ; People v. Devin (

1983I, sec. 11; People v. Szabo (1983), 94 Ill.2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill.2d 145, 162 ; People v. Carlson (1980), 79 Ill.2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect ( People v. Szabo (1983), 94 Ill.2d 327, 363-68 ; People v. Devin (198

11983–1983
People v. Devin green
ill · 1982
2 sentences

1983I, sec. 11; People v. Szabo (1983), 94 Ill. 2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill. 2d 145, 162 ; People v. Carlson (1980), 79 Ill. 2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect (People v. Szabo (1983), 94 Ill. 2d 327, 363-68 ; People v. Devin (

1983I, sec. 11; People v. Szabo (1983), 94 Ill.2d 327, 352-53 ; People v. Gleckler (1980), 82 Ill.2d 145, 162 ; People v. Carlson (1980), 79 Ill.2d 564, 590 ), and that trial courts do not have the discretion to admit evidence at sentencing hearings which does not bear on the aggravating or mitigating factors alleged to exist in a given case or on the circumstances of the offense or the character and rehabilitative potential of the defendant, or the probative value of which in this regard is outweighed by its prejudicial effect ( People v. Szabo (1983), 94 Ill.2d 327, 363-68 ; People v. Devin (198

11983–1983

Where else courts name it

WA 16 (2003–2018) NY 7 (1988–2022) IL 7 (1983–2010) NJ 7 (1992–2025) CA 3 (1985–1989) CO 3 (1994–2000) IN 3 (1984–1995) AK 2 (1987–2007) IA 2 (2016–2016) AZ 2 (1994–2004) MN 2 (2002–2016)

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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