balancing of rights test in Illinois

1993Ed. 2d 639, 647 , 77 S. Ct. 623, 630 .) Where an informant’s knowledge is potentially significant on the issue of the defendant’s guilt or innocence, the defendant is prejudiced by the State’s denial of production. [Citation.] Contrarily, where the unnamed informant was neither a participant nor material witness to the essential elements of the offense, the informant is not a crucial witness and his identity can be withheld. [Citations.] Finally, where the informant could not have testified to any fact bearing on the charged offense, but merely provided information to law enforcement officials

1979Ed. 2d 639, 646 , 77 S. Ct. 623, 628 ; 57 Ill. 2d 232, 235 , 311 N.E.2d 685, 687 .) The balancing of rights test has been employed by the Illinois courts to determine when the State has a duty to reveal the identity of an informant under Illinois Supreme Court Rule 412(j) (ii) (Ill.

1979Ed. 2d 639, 646 , 77 S. Ct. 623, 628 ; 57 Ill. 2d 232, 235 , 311 N.E.2d 685, 687 .) The balancing of rights test has been employed by the Illinois courts to determine when the State has a duty to reveal the identity of an informant under Illinois Supreme Court Rule 412(j) (ii) (Ill.

1979Ed. 2d 639, 646 , 77 S. Ct. 623, 628 ; 57 Ill. 2d 232, 235 , 311 N.E.2d 685, 687 .) The balancing of rights test has been employed by the Illinois courts to determine when the State has a duty to reveal the identity of an informant under Illinois Supreme Court Rule 412(j) (ii) (Ill.

1986Ed. 2d 62 , 87 S. Ct. 1056 ; People v. Williams (1967), 38 Ill. 2d 150 , 230 N.E.2d 214 ; People v. Duncan (1982), 104 Ill.

1986Factors considered by Illinois courts in determining whether, under the balancing of rights test enunciated in Roviaro, a defendant’s constitutional rights to intelligently prepare a defense and to receive a fair trial necessitate disclosure of information regarding the informant’s identity and/or the contents of his communications to law-enforcement officials include whether the request for disclosure relates to the fundamental question of guilt or innocence rather than to the preliminary issue of probable cause (McCray v. Illinois (1967), 386 U.S. 300 , 18 L.

1986Factors considered by Illinois courts in determining whether, under the balancing of rights test enunciated in Roviaro, a defendant’s constitutional rights to intelligently prepare a defense and to receive a fair trial necessitate disclosure of information regarding the informant’s identity and/or the contents of his communications to law-enforcement officials include whether the request for disclosure relates to the fundamental question of guilt or innocence rather than to the preliminary issue of probable cause (McCray v. Illinois (1967), 386 U.S. 300 , 18 L.

1986Ed. 2d 62 , 87 S. Ct. 1056 ; People v. Williams (1967), 38 Ill. 2d 150 , 230 N.E.2d 214 ; People v. Duncan (1982), 104 Ill.

1986Ed. 2d 62 , 87 S. Ct. 1056 ; People v. Williams (1967), 38 Ill. 2d 150 , 230 N.E.2d 214 ; People v. Duncan (1982), 104 Ill.