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Authors

Ryan T. Harding

Document Type

Article

Media Type

Text

Abstract

The Illinois Appellate Court is divided on whether to apply de novo review or an abuse of discretion standard when evaluating alleged prosecutorial misconduct during closing argument. This article concludes that de novo review is the proper standard of review under current Illinois law. However, as a matter of policy, this article recommends that (1) abuse of discretion review should normally apply to the trial court's determination that a defendant was not substantially prejudiced by the State's closing argument; (2) de novo review should apply when the trial court's determination that a defendant was not substantially prejudiced turned on a pure question of law; and (3) the plain error doctrine should apply when the defendant fails to preserve the issue of whether he was substantially prejudiced by the State's closing argument.

First Page

504

Last Page

527

Publication Date

6-1-2018

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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