(A) “Regular Faculty”: Definition and Voting Rights.The “regular faculty” of the department consists of all faculty members who are either permanent or on tenure track and have at least 50% tenure in philosophy at UIUC. Ordinary lecturers have full voting rights in the department.
(B) “Special Faculty”: Definition and Voting Rights.The department's "specialty faculty" consists of anyone holding formal employment (≥0%) in the department with one of the specialty faculty titles listed in Provost Communication #25 (e.g., lecturer, lecturer, teaching professor, or research professor). Professor). Specialized faculty in the ranks of teaching or research professors with at least 50% employment in the department have voting rights there, except for votes on personnel matters affecting current or prospective members of the full or associate faculty.
(C)„Associated Faculty”: Definition & Voting Rights.The department's "associated faculty" consists of all faculty members who are either permanent or tenure-track and have less than 50% formal employment in the department (i.e., ≥ 0% but < 50%).
(D) Appointment procedure for faculties.Appointments in the department are made according to the following excerpt from the bylaws of the University of Illinois [hereafter the “statutes”]: “In each department organized with a director, the director, in consultation with the advisory committee, recommends individuals for academic appointment in the." Department." (Statute Art. IV, Para. 3b.)
- Regular Faculty.Recommendations by the director for tenure stream faculty appointments must be preceded by one or more departmental meetings where regular faculty have an opportunity to discuss the candidate(s) and cast an advisory vote. The Chair shall not recommend the appointment to tenure stream faculty of any individual who receives less than 50% of the advisory votes cast by regular faculty at or above the relevant rank (i.e., assistant, associate, or full member).
- Specialized Faculty.Recommendations by the director for the appointment of teaching or research professors at each rank (i.e., assistant, associate, or full professor) must be preceded by one or more departmental meetings at which the full and specialized faculty members have an opportunity to discuss the candidate(s) under consideration and cast an advisory vote. In such cases, both regular teachers and specialist teachers of the relevant rank and above who meet the eligibility requirements in Section I(b) above may vote. The Chair may nominate anyone for appointment as a teaching or research professor who receives less than 50% of the votes.
- Associated Faculty.Recommendations by the director to appoint an associate faculty member with an appointment rate of less than 50% may be made to academic staff of appropriate rank and qualifications (including faculty members whose principal positions are in other units, emeritus and visiting academic staff) only after an advisory vote at least 50% of regular and eligible subject lecturers.
(A) Kopf.The department is headed by a director whose duties and responsibilities are defined by the University of Illinois bylaws. (See generallyBylaws Art. 4, Sec. 3.) The Director is appointed by the Dean of the College of Liberal Arts and Sciences in consultation with the regular faculty of the department for a five-year term. A leader may be reappointed by the Dean of the College of LAS after consultation with all faculty (regular, specialty and affiliated) in the department.
(B) Acting or interim manager.If an acting or interim head needs to be appointed, the Dean will also make the necessary appointment after appropriate consultation with the faculty (regular, specialty and affiliated faculty).
(C)leadership role.The Head administers the Department in accordance with the following excerpts from the Articles of Association:
- jurisdiction."The head of department has authority to determine matters not pertaining to other departments or duly subject to the control of larger administrative units." (Article IV, Section 3c.)
- Tasks."The The Director has general direction of the work of the Department.” (Statutes Art. IV, Section 3d.) According to this Article of the Statutes, the Director has:
- "Consult the Department Advisory Board regarding department policy";
- "Consult each member of the department as to the nature and extent of the work that member is responsible for";
- “To convene and chair departmental faculty meetings to explain and discuss departmental policy, educational process, and research, of which there must be at least one meeting each academic year to review departmental leadership and educational policy”;
- "are responsible for organizing the work of the department, for the quality and efficient progress of that work, for the formulation and implementation of department policies, and for the implementation of university and college policies as they affect the department";
- "Report on the teaching and research of the department";
- "have general supervision of the work of students in the department";
- "Prepare the department budget in consultation with the department advisory board";
- "Are responsible for the distribution and use of department funds and for the maintenance of department property."
- relation to the duties of others.“In administering the office, the chief must recognize the individual responsibility of other members of the department for the fulfillment of the duties assigned to them by their appointment, and give reasonable flexibility to the ability and initiative of all members of the department. ” (Article IV, Section 3e.)
(D) Deputy Head.The director has the authority to appoint an alternate director to carry out the duties delegated to him by the director consistent with other applicable regulationsArticles of associationand guidelines.
(e) Director of Undergraduate Studies (DUS).The director has the authority to appoint a director for undergraduate courses. To ensure some degree of procedural continuity, appointment as a DUS is normally made for a five-year term of service at the same time as the appointment of the head (or interim head). Should the DUS be granted any form of leave during its term of office for one or both semesters of a particular academic year, concomitant with a discharge from departmental service, the Chief shall appoint an acting DUS to serve for that year. In recognition of the administrative responsibility involved in overseeing the undergraduate course, the faculty member serving as the DUS in a given academic year is assigned a teaching assignment of three courses over two semesters.
(F) Director of Graduate Studies (DGS).The Head has the power to appoint a Director of Graduate Studies. To ensure a degree of procedural continuity, appointment to the DGS is normally made for a five-year term of service at the same time as the appointment of the head himself coincides with a discharge from service in the department, the chief appoints an acting DGS to serve for that year. In recognition of the administrative responsibilities associated with overseeing the graduate program, the faculty member serving as DGS in a given academic year is assigned a teaching assignment of three courses over two semesters.
(g) Rank of DGS and/or DUS.At all times and barring exceptional circumstances that would temporarily complicate staffing, both the DGS and DUS are at all times tenured professors of associate rank or higher.
(H) Other Officers, Committees and Committee Chairs.In consultation with the Advisory Committee (see Section III below), and except as otherwise provided in the bylaws or bylaws, the Director shall appoint additional department officers, committee chairs and committee members each year and when there are vacancies, indicating their duties, powers and fees.
(I) office staff.The head has the power to appoint the department's clerical staff in consultation with the advisory committee.
III. Advisory Committee
(A) Advisory Committee.The Department has an Advisory Committee according to the following excerpt from Article IV Section 3f of the Statutes:
Within each department organized with a head, there is an advisory committee elected annually by and from the faculty of the department by secret ballot. The faculty may elect members of the Advisory Committee for staggered terms of two or three years. In a department with a faculty of no more than five members, the advisory board consists of the entire faculty. Otherwise, the faculty of the department determines the size of the advisory board.
(b) Functions."The role of the Advisory Committee is to ensure the orderly expression of proposals for the benefit of the department, to recommend procedures and committees that encourage faculty participation in the formulation of policy, and to carry out other duties that may be assigned to it." (Article IV, Section 3f of the Articles of Association). The Faculty Advisory Board is assigned a number of tasks in these statutes (see e.g.Sections I(d) (Advice on Academic Appointments), II(c)(2.1) (Advice on Department Policy), II(c)(2.7) (Advice on Budget), IV(b)(3) (Advice on Invitations to Faculty Meetings participate)).Given the importance of this role to the functioning of the Department, Advisory Committee members are expected, within reasonable professional limitations, to make themselves available at short notice to provide advice on time-sensitive matters.
(C)composition and choice.The Advisory Board consists of three individuals, each serving a three-year term, with a new individual being elected each academic year. Membership is determined by secret ballot in a general election in which all regular and specialty faculty members can vote with voting rights. No one who has previously held office for more than one year can be re-elected for the next three-year term. Barring exceptional circumstances, all three members of the committee should also be full faculty members. In the event of a vacancy, the post is immediately filled by another special general election, in which the same rules and conditions for eligibility apply as in an ordinary election.
V. Departmental Affairs
(a) General Communications.The director keeps the faculty informed of matters of interest and importance to the department and endeavors to provide opportunities for discussion of department policy issues, new appointments, and other such matters before the director takes action.
- Actions taken and key issues.The head informs the faculty as comprehensively as possible about the measures taken in consultation with the advisory board and, if necessary, about important topics discussed.
- Faculty on vacation.Teachers on leave will be informed as fully as possible about the issues facing the department and the action taken.
(B) department meeting.Department meetings are held in the fall and spring semesters as needed, usually once a month but at least once a semester.
- agenda and minutes.An agenda is distributed before departmental meetings and minutes of these meetings are kept. Minutes of the department meetings are made available to the faculty.
- Open or closed.Department meetings can be open or closed. Participation in closed meetings is limited to voting members of the faculty and, at the discretion of the management, to members of the department secretariat.Meeting participants must comply with all relevant confidentiality policies and procedures relevant to the nature of the meeting in question.
- call for meetings.Meetings of the department may be convened and declared open or closed, either by the head or the deputy head, or by motion or resolution of the majority of the regular and voting faculties.
- visitor.Participation in public meetings is based on the following excerpt from the statutes: "In consultation with the advisory board or in accordance with the provisions of the department statutes, the head may invite other persons who are not members of the faculty to attend meetings of the department." Faculty, but these persons have no right to vote.” (Article IV, Section 3b of the Articles of Incorporation).The department head may invite visitors to attend meetings without voting rights as needed and with notification to faculty.
- Quorum.At departmental meetings, the majority of the faculty members who are entitled to vote and are not on leave of absence have a quorum. At the discretion of a majority of those present and voting, the ability to vote on a motion presented at a department meeting may be extended to regular and eligible subject faculty members who are not present.
IV. Promotion and Term of Office
(a) Advice on promotion and tenure of regular teachers.Recommendations for the promotion and appointment of assistant professors are made in consultation with a committee composed of all regular (aspiring to the position) tenured faculty members. Recommendations for the promotion of associate professors are made in consultation with a committee composed of all regular faculty (who wish to serve) with the academic rank of full professor.In cases of promotion where there are fewer than three professors of the appropriate rank other than the department head, the department head, in consultation with the LAS Advisory Committee and/or Associate Dean, will appoint onein additionA consultative committee of professors of the appropriate rank, composed of all professors of the appropriate rank of the department.
(B) Promotion and Employment Standards.The general standards for promotion and tenure are the same as those of the College of Liberal Arts and Sciences.
(c) Complaint Rights.A faculty member who challenges a tenure or promotion decision made in his or her case has the full right of appeal as determined by the College of Liberal Arts and Sciences.
(D) Processes for jointly appointed faculty.Per Provost Notice #23, the examination of an assistant professor with a budgeted joint appointment in philosophy and another unit may be done either separately, according to the procedure outlined above, or in collaboration with the other units involved.
- initiation of the review.In both cases, the home unit initiates the check.
- Composition of the Audit Committee.In the case of a joint review, the review committee is typically composed of members from all appointing entities and is mandated jointly by the officers of the entity. If warranted by the need for expertise in the applicant's research area, the committee may be composed in part of tenured faculty from units other than those in which the applicant has budgeted appointment, with the approval of the department's promotion and tenure committee.
- Department approval and submission of report.The report of the committee referred to in Section IV(d)(2) will be considered by the Department of Philosophy as indicated above. An approved report is sent to the Dean of LAS with the signatures of the officers of each unit involved.
VI. Annual faculty review and third year review
(a) Annual and third annual reviews required.The department must adhere to the campus requirements of the “Annual Faculty Review” by passing its own “Annual Faculty Review” to implement this requirement by majority vote of the regular faculty and amending its statement in like manner to reflect changes made across the campuses -Requirement. The department must also adhere to the university requirement of a third year review of all permanent faculty members per Provost Notice #13 and adopt its own “Third Year Review” policy and procedural statement (Appendix: Third Year Review) to implement the requirement Ordinary Faculty passed and their statement is amended in like manner to reflect the changes made in the University's requirement.
(b) Communicating Standards and Procedures.All regular teachers will be given a copy of the current version of this statement upon appointment and will be notified if any changes need to be made or have been made to it.
(A) Initial orders and retention cases.Faculty salaries at the time of initial appointments and in response to external offers and in other situations, apart from annual salary increase recommendations, are determined through negotiation with the Director in consultation with the Advisory Committee and/or the Dean of the LAS or their deputy.
(b) Annual increases and special merits or other special increases.
- Procedure and timing for decisions.Proposals for annual salary increase recommendations and (if permitted) recommendations for special merit or other special increases will be prepared by the Director once guidelines for such recommendations are received from the administration.
- Information to collect.In preparation for the preparation of the proposed recommendations described in Section VII(b)(i), the Director shall consider information requested from each Faculty in connection with its annual reviews of its teaching, research, publishing, professional and administrative activities, etc Matters relevant to merit-based pay increases and give due consideration to such information.
- Consultation with the Advisory Committee.The members of the Advisory Committee will be given an opportunity to consider the proposed recommendations described in Section VII(b)(i) and to discuss them with the Chair at an Advisory Committee meeting convened to discuss some or all of the proposed increases.
- conflicts of interest.At such meetings any member whose own advancement is being discussed shall be excused.
(C) Final recommended salary increases are submitted to the LAS Advisory Committee and Dean.Upon any responses from or discussion with members of the Advisory Committee, as described in Section VII(b)(3), the leader will prepare a final set of recommendations for salary increases, inform the Advisory Committee thereof, and present them to the Dean of LAS.
VIII. Complaints Procedure
(a) Right to Formal Complaint.Any faculty member has the right to make formal complaints about any action or policy of the department, its officials, committees, or other faculty.
- As a first step, an informal solution is recommended.An informal resolution is strongly recommended before initiating such a formal complaint.
- Complaints within the jurisdiction of the Office of Access and Equity.Complaints about violations of federal, state, or university regulations and policies regarding discrimination or harassment should be directed to the Office of Access and Equity. The rest of this article relates to treating other ailments.
(b) Divisional Complaints Committee (GC).There is a Complaints Committee (hereafter “GC”) that advises the Head (or, in cases where the Head is involved, the Dean of LAS).
- Election of the GC.The GC is elected annually by a vote of the department's regular and voting subject faculty from among its full members (excluding the Head), who will be on-site for the entire academic year in question; Obligation to stand for this election.
- Composition of GC.The GC consists of three members, consisting of the three faculty receiving the most votes (with a run-off in the event of a tie for third place), and with an ranked list of alternates based on the number of votes received. In the event of promotion to the rank of full professor, GC members who do not hold that rank will be replaced by alternates who do hold that rank.
- Conflicts of Interest and Proxies. In cases where GC Members are named in the Complaint (hereinafter “Respondents”), the Dean of LAS will be notified and such GC Members will be replaced by alternates who will not be so named unless the Dean of LAS considers the appointment appropriately a special onein additionGC, which is made up partly or entirely of teachers from other departments to hear the case and advise them on it.
(C) complaints against the department.Complaints filed against the Department, but which do not identify a respondent, are deemed to be “no respondent” and therefore have no effect on GC membership or other grievance procedures. However, in such cases, the Director may request that the Dean of the LAS hear and deal with the complaint with the assistance of ain additionGC (see Section VIII(b)(3) above), or the Dean of LAS may choose to do so.
(d) Processes for initiating and responding to formal complaints.Formal complaints must be expressly set out in writing, including the facts surrounding the matter and the solution sought by the complainant. The Complaint Statement is submitted to the Chair (or, if the Chair is appointed and to act as respondent, the Dean) who will consider the Opinion to determine whether the case requires appropriate membership of the GC (Section VIII(b)( 3) above) and sends them the explanation, indicating reasonable timeframes for each step in the process, thereby informing the complainant and the defendant(s). The respondent(s) shall be given the opportunity to reply in writing to the written complaint. The complainant is to be given the opportunity to make a written statement to the defendant(s). Such responses are presented to the leader (or dean) who forwards them to the GC.
(e) GC Procedures for Reviewing and Determining Complaints.The appropriately constituted GC shall meet to consider the complaint and shall seek such information and testimony as it deems appropriate to collect and receive. Action will be taken as expeditiously as circumstances allow. If circumstances justify it, he may request and be granted an extension of the time allotted for him to complete his work; the complainant and the defendant(s) must be informed. All of his consultations are strictly confidential.
(f) Procedures for deciding on action and resolving complaints.
- First communication of the results.The findings of the committee are communicated in writing to the complainant, the respondent(s) and the director (or, if the director is a respondent, the dean).
- Opportunities to react and decide on measures and orders.The leader (or dean), after giving both parties an opportunity to comment on these determinations, will, in consultation with and with the approval of the advisory committee (except for all members consulted) on any proposed actions falling within his or her area of responsibility , decide on the appropriate settlement of the matter.
- Notification of measures and orders.All parties will be notified in writing of this decision and any available further appeals established by campus administration or faculty governance structure.
(iv) Complaint Rights.Both the complainant and the defendant(s) shall be given a reasonable but limited and specified period of time to initiate such a remedy before any action is taken to implement the decision. After that, the matter is considered closed and these measures must be taken expeditiously.
IX. Revision of the Articles of Association
(a) Periodic Change.All three full and/or specialized faculty members in the ranks of teaching or research professors with an appointment rate of at least 50% in the department can propose an amendment to these statutes. The proposed change is first considered by the Advisory Committee and then submitted to the Department for discussion and vote. Acceptance of a proposed change requires the approval of a majority of full faculty members.
(B) Periodic review.This charter is subject to a formal review every five years, at the instigation of the head and under the supervision of a charter committee, which submits any proposed amendments to the faculty for a vote.
Last modified on March 24, 2023
This means that Illinois does not allow for the second option under this test that provides an excuse for not being able to conform one's conduct to the law. Under this statute, the burden of proving this defense rests on the defendant by clear and convincing evidence.What does Section 10 22.39 of the Illinois compiled statutes require? ›
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3-702. (a) A person who believes that this Act or a rule promulgated under this Act may have been violated may request an investigation. The request may be submitted to the Department in writing, by telephone, by electronic means, or by personal visit. An oral complaint shall be reduced to writing by the Department.What is the most difficult insanity defense to prove? ›
A defense of "temporary insanity" is equally difficult to prove. If a defendant asserts temporary insanity as a defense, they are claiming that: They were legally insane at the time of the alleged crime. They are lawfully sane now.What are the 3 tests you can use to determine of a person is legally insane? ›
There are several tests for insanity throughout various U.S. jurisdictions: (1) the M'Naghten rules, the irresistible impulse test, the New Hampshire or Durham test (the product test), and the test recommended by the American Law Institute's Model Penal Code.What is Illinois Rule 1401? ›
§ 2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished.What is Illinois statute 11 801? ›
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Under Illinois law (625 ILCS 5/11-402), the driver of a vehicle involved in an accident resulting only in damage to a vehicle, which is driven or occupied by another driver, must immediately stop at the scene or as close to the scene as possible without obstructing traffic more than necessary.What is Illinois statute 11 904? ›
11-904. Vehicle entering stop or yield intersection. (a) Preferential right-of-way at an intersection may be indicated by stop or yield signs as authorized in Section 11-302 of this Chapter.
Rule 219 - Consequences of Refusal to Comply with Rules or Order Relating to Discovery or Pretrial Conferences (a)Refusal to Answer or Comply with Request for Production.What is statute 6 103 Illinois? ›
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Sec. 11-701. Drive on right side of roadway - exceptions. side of the public highway and 2 vehicles meet thereon, the driver on whose right is the wider shoulder shall give the right-of-way on such pavement to the other vehicle.What is Illinois statute 11 601 A? ›
Sec. 11-601. General speed restrictions. (a) No vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.What is Illinois statute 11 306? ›
Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.What is the wild beast test? ›
One of the earliest definitions of insanity in England was the "wild beast" test, formulated in the 13th century by a judge in King Edward's court. Under this test, a criminal defendant was found to be insane upon a showing that his/her mental abilities were no greater than that of a brute, wild beast, or lunatic.What is the Hinckley rule? ›
"No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or a defense thereto.What are the four 4 tests for an insanity defense? ›
The four versions of the insanity defense are M'Naghten, irresistible impulse, substantial capacity, and Durham. The two elements of the M'Naghten insanity defense are the following: The defendant must be suffering from a mental defect or disease at the time of the crime.What is required to be legally insane? ›
- Knowing the nature of his or her act.
- Understanding the nature of his or her act.
- Distinguishing between right and wrong at the time of commission of the crime.
THE AUTHOR'S DEFINITION OF CRIMINAL INSANITY DESCRIBES AN INDIVIDUAL WHOSE MENTAL MAKEUP AT THE TIME OF THE OFFENDING ACT WAS SUCH THAT HE/SHE WAS INCAPABLE OF ACTING RATIONALLY WITH RESPECT TO THE CRIMINALITY OF HIS/HER CONDUCT.
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An attorney who is disbarred, disbarred on consent, or suspended for six months or more shall comply with each of the following requirements. Compliance with each requirement shall be a condition to the reinstatement of the disciplined attorney. Failure to comply shall constitute contempt of court.What is rule 3.8 Illinois? ›
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(1) a plea of guilty which was is not accepted or is withdrawn; (2) a plea of nolo contendere; (3) any statement made in the course of any proceedings under Illinois Supreme Court Rule 402 regarding either of the foregoing pleas; or (4) any statement made in the course of a plea discussions which does not result in a ...What is Illinois statute 8 4 030? ›
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9-20-010 One-way streets - Through traffic prohibited on certain public ways. 9-20-020 Reversible lanes and contra-flow bus lanes.What is Illinois Statute 11-501 A? ›
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(a) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed or held in accordance with the provisions of this Act, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Act.
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11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles. stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.What is Illinois statute 3 701? ›
3-701. Operation of vehicles without evidence of registration - Operation under mileage plates when odometer broken or disconnected.What is a Rule 137 motion in Illinois? ›
Rule 137 - Signing of Pleadings, Motions and Other Documents-Sanctions (a) Signature requirement/certification. Every pleading, motion and other document of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.What is Illinois Rule 1 109? ›
Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person in accordance with this Section shall be guilty of a Class 3 felony.What is Rule 705 motion Illinois? ›
Thus, an applicant for admission on motion must demonstrate that during at least 5 of the last 7 years s/he practiced law for no fewer than 40 hours per month and 500 hours per year while physically present within the reciprocal state, and/or tending from elsewhere to legal matters arising under or governed by the ...What is Illinois statute 5 9 207? ›
(a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for eviction or ejectment.What is Illinois statute 6 206? ›
6-206. Discretionary authority to suspend or revoke license or permit; right to a hearing. Section 12-610.2 that resulted in great bodily harm, permanent disability, or disfigurement, in which case the driving privileges of the person shall be suspended for 12 months.What is Illinois statute 5 3 707? ›
3-707. Operation of uninsured motor vehicle - penalty. (a) No person shall operate a motor vehicle in this State unless the motor vehicle is covered by a liability insurance policy in accordance with Section 7-601 of this Code. operation of the motor vehicle, bodily harm to another person.What is Illinois statute 720 5 19? ›
Section 720 ILCS 5/19-1 - Burglary (a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof, with intent to commit therein a felony or theft.
Section 625 ILCS 5/4-102 - Offenses relating to motor vehicles and other vehicles - Misdemeanors (a) It is a violation of this Chapter for: (1) A person, without authority to do so, to damage a vehicle or to damage or remove any part of a vehicle; (2) A person, without authority to do so, to tamper with a vehicle or go ...What is Illinois statute 5 6 101? ›
6-101. Drivers must have licenses or permits. (a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, or a restricted driving permit, issued under the provisions of this Act.What is Illinois statute 6 303 a? ›
6-303. Driving while driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked.What is statute 9 40 030 in Illinois? ›
9-40-030 Obedience to police, traffic control aide and fire department orders. (a) No person shall wilfully fail or refuse to comply with any lawful order or direction of a police officer, traffic control aide, fire department official or other authorized officer.What is Illinois statute 9 24 010 B? ›
(b) When stop signs are erected as herein provided, every operator of a vehicle shall stop the vehicle at the sign or at a clearly marked stop line before entering the nearest crosswalk, if any, or the intersection, except when directed to proceed by a police officer or traffic control aide.What is Illinois statute 9 76 210 B? ›
(a) No person shall operate any vehicle on any roadway if any lamp or light required for the vehicle by this Code is broken or inoperable. (b) No person shall operate any vehicle on any roadway if any window of the vehicle is missing, broken, or cracked and the crack exceeds six inches in length.What is the statute 720 5 11 in Illinois? ›
Section 720 ILCS 5/11-1.50 - Criminal Sexual Abuse
(c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.
The law on the insanity defense in Illinois is similar to that of the Model Penal Code. The law states that a person will not be held criminally responsible for behavior if they did not have the “substantial capacity” to understand and appreciate that his behavior was criminal.What is the insanity defense in Illinois? ›
According to Illinois law, a person cannot be held criminally responsible for a crime if they are unaware of the illegal nature of their actions because of a “mental disease or mental defect.” Insanity is an admissible defense if the defense team can prove that a person meets the state's requirements for “mental ...What is the burden of proof not guilty by reason of insanity? ›
In the trial, the burden is on the defendant to prove by a preponderance of the evidence that he or she was legally insane at time of the crime.
(e) When the defense of insanity has been presented during the trial, the burden of proof is on the defendant to prove by clear and convincing evidence that the defendant is not guilty by reason of insanity.Is insanity defense difficult to prove? ›
The insanity defense is very difficult to prove, so many courts do not accept it during a criminal trial. It can still apply to some cases, but the burden of proof is more than a regular trial.Can you plead insanity in Illinois? ›
Illinois law allows for an insanity plea, a high standard that is not available in most cases involving mentally ill criminal defendants. Instead, most mentally ill criminal defendants will plead “guilty but mentally ill,” or enter the system without consideration of their underlying, debilitating mental illnesses.What is temporary insanity defense? ›
Primary tabs. In a criminal trial, temporary insanity is a defense that can be raised to assert that, at the time of the commission of the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant's acts.What states do not allow insanity defense? ›
Availability. In the United States, a criminal defendant may plead insanity in federal court, and in the state courts of every state except for Idaho, Kansas, Montana, and Utah.What states have banned the insanity defense? ›
In these cases, the defendant may receive treatment in an institution and will be prevented from leaving if they're considered a danger to society. Four states, including Kansas, Montana, Idaho, Utah, don't explicitly allow for the insanity defense. In other states, the criteria for proving this defense vary widely.What happens if you plead insanity and win? ›
If you successfully plead the insanity defense, then you will not receive the normal jail/prison sentence for your crime. Instead, you will be committed to a state mental hospital.What is the ultimate issue in an insanity case? ›
If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity during the commission of the crime.What is the irresistible impulse test? ›
Under this test, a defendant may be found not guilty by reason of insanity if they demonstrate that they suffered from a mental disease or defect that made it impossible for them to resist an impulse to commit a crime.How do you argue insanity in court? ›
In states that allow the insanity defense, defendants must prove to the court that they didn't understand what they were doing; failed to know right from wrong; acted on an uncontrollable impulse; or some variety of these factors.
A defendant's 'insanity' will not excuse his or her negligence. According to corrective justice theory, if A injures B, then A should compensate B – that A's actions may be attributable to a mental illness is therefore immaterial.Can a psychopath use an insanity defense in the court of law? ›
Some States Say Psychopaths Can't Use An Insanity Defense : Shots - Health News Having a serious mental diagnosis doesn't necessarily mean that juries will consider an insanity defense. Some states have changed their laws to exclude people with antisocial personality disorder.