Illinois Presumption of Innocence

State:
Multi-State
Control #:
US-00888
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample jury instruction regarding the Presumption of Innocence in a criminal trial. The language is for model purposes only and may not comply with your state's jury instruction law, which is heavily governed by case law. You must confirm that the language in the jury instruction is acceptable in your state. Available in Word and Rich Text formats.

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FAQ

Illinois General Assembly - Bill Status for HB0914. Amends the Criminal Code of 2012. Extends the statute of limitations for a violation of perjury to 7 years (rather than 3 years). Effective immediately.

Under section 13-206 of the Illinois Code of Civil Procedure (the ?Code?), actions on written contracts must be brought within ten years from the date of the breach.

A person convicted of perjury is liable to imprisonment for a term not exceeding seven years, or to a fine, or to both. In the United States, the general perjury statute under federal law classifies perjury as a felony and provides for a prison sentence of up to five years.

In Illinois, the statute of limitations is: Five years for unwritten debt agreements and open-ended agreements. Ten years for written agreements and promissory notes.

Federal law also outlaws the subornation of perjury, or the procuring of perjury by another person. The penalty for a federal perjury crime includes fines and imprisonment for up to five years. Judges have the discretion to use leniency (including probation instead of prison) when proper.

Penalties for Perjury (or Lying in Court) in the State of Illinois. If you're charged with and convicted of perjury in court, you could end up spending time in jail (more than you would if you were only convicted of the original crime.) Perjury is a Class 3 felony in Illinois.

The Breach of Promise Act, 740 ILCS § 15/1-10 (West 2008), was enacted explicitly to govern the enforcement of actions based upon breaches of promises or agreements to marry because the legislature felt that such breaches have ?been subject to grave abuses and [have] been used as an instrument for blackmail by ...

Sec. 3-4. Effect of former prosecution. impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.

An action for breach of any warranty must be commenced within four years after the cause of action has accrued. 810 ILCS 5/2-725(1). Ordinarily, a cause of action for breach of warranty accrues upon delivery of the goods regardless of the buyer's lack of knowledge of the breach.

The obstruction charge is punishable by up to 20 years in federal prison, while the perjury charge carries a maximum sentence of five years.

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Illinois Presumption of Innocence