Domestic violence as a new mitigating factor: recognition, reform and resentencing
-
Steven W. Becker [1]
-
[1] Law Office of Steven W. Becker LLC, Chicago, Illinois, USA
-
- Localización: Of swords and shields: due process and crime control in times of globalisation : liber amicorum prof. dr. J.A.E. Vervale / coord. por Michiel J.J.P. Luchtman, Ferry de Jong, 2023, ISBN 9789462363434, págs. 171-179
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
-
Resumen
As of January 1, 2016, several new statutes went into effect in the State of Illinois recognizing domestic violence as both a new mitigating factor at sentencing, and as a grounf for seeking relief from jufgment in the form of resentencing for defendants whose participation in the offense related to the being a victim of such abuse and where no consideration of domestic violence was introduced at the original sentencing hearing. The present article will focus on the latter amendment, outlining the elements required for relief, its pertinent legislative history, ans an in-depth discussion of the first appellate court decesion in Illinois to interpret the substance of this provision. The piece will conclude with the outcome of the case following remand to the trial court and lessons for the practitioner.
