Document Type
Article
Media Type
Text
Abstract
This piece argues that judicial interpretation of 720 ILCS 5/12-4(b)(8) (1997) of the Illinois Criminal Code, the statute which enhances simple battery to aggravated battery, has opened the door for the abuse of prosecutorial discretion in applying the statute and has led the courts away from its true legislative intent. Specifically, the application of the statute has been overbroad and courts' interpretations of the legislative intent have been far-reaching. Through statutory analysis and the consideration of case law, the author explores the judicial expansion of section (b)(8) and argues for words of limitation in the statute that will help to bring it within the confines of constitutionality and thus bring the statute in accord with its original purpose. In particular, the author argues that the statute should apply only to those batteries which actually endanger or might logically endanger a person.
First Page
37
Last Page
52
Publication Date
11-1-2001
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Minhas, Azhar J.
(2001)
"Is There No Simple Battery Under Illinois Law?,"
Northern Illinois University Law Review: Vol. 22:
Iss.
1, Article 3.
Suggested Citation
Azhar J. Minhas, Is There No Simple Battery Under Illinois Law?, 22 N. Ill. U. L. Rev. 37 (2001).
