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U.S. Supreme Court Will Not Rule on Illinois Felony Murder LawDespite the controversy over Illinois’ felony murder law, the state does not seem to be close to amending the criminal law that allows prosecutors to charge certain defendants with first-degree murder despite them not causing the death or intending to kill the victim. The law states that a person who participates in a forcible felony may be charged with murder if someone dies during the incident, including an accomplice in the crime. An Illinois defendant recently appealed his felony murder conviction to the U.S. Supreme Court after the Illinois Supreme Court had upheld the constitutionality of the law. However, the U.S. Supreme Court declined to hear the case.

Examples

In the recently appealed case, two men were convicted of murder because they were involved in a burglary incident in which police had killed a third suspect. The three men were burglarizing an electronics store when police officers surrounded the building. The men attempted to flee in a vehicle, and the officers shot at them 77 times. One of the men was killed, and the other two were injured. Illinois’ felony murder law allowed the defendants to be charged with murder even though it was the police officers who shot and killed the third man. One defendant was sentenced to 25 years in prison, while the other was sentenced to 20 years.

In a recent high-profile Illinois case, five teens were initially charged with murder when a property owner shot and killed a sixth teen when they were attempting to burglarize his vehicle. The state’s attorney later dropped the murder charges after public pressure.

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levels of homicide, McHenry County Criminal Defense LawyerHomicide is one of the most commonly discussed crimes, but the terminology surrounding it can often be confusing. Moreover, pinning down the difference between a second degree murder and a reckless homicide can be difficult. However, for people charged with these crimes, those differences can be very important.

Illinois law has three different levels of homicide: first degree murder, second degree murder, and involuntary manslaughter/reckless homicide. The key differences between these three levels is the state of mind of the defendant at the time of the killing.

First Degree Murder

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