People v. Encalado

Illinois Supreme Court PLAs
Criminal Court
Voir Dire
Citation
PLA issue Date: 
May 24, 2017
Docket Number: 
No. 122059
District: 
1st Dist.

This case presents question as to whether, in trial on charge of aggravated criminal sexual assault, trial court abused its discretion in refusing to ask venire members about potential bias against persons who participate in prostitution. Appellate Court, in reversing defendant’s conviction on said charge, found that trial court should have asked said question, after noting that some sexual behaviors can evoke from many venire members strong responses that prevent them from assessing evidence without bias. It further concluded that instant question would have helped defendant determine whether potential jurors could fairly weigh evidence against him. (Partial Dissent filed.)