People v. Rinehart

Illinois Supreme Court
Criminal Court
Voir Dire
Citation
Case Number: 
2012 IL 111719
Decision Date: 
Friday, January 20, 2012
District: 
4th Dist.
Division/County: 
Coles Co.
Holding: 
Appellate court affirmed in part and reversed in part.
Justice: 
THEIS
Questions during voir dire as to preconceptions about sexual assault cases were effort to uncover any bias as to victim's delayed reporting and credibility of victim who informed no one about attack when it happened. No plain error, as questions were brief, and State did not elaborate on subject and factored answers in decisions on which jurors to excuse, and only some potential jurors were questioned. Appellate court erred in interpreting Section 5-8-1(d)(4) of Unified Code of Corrections as requiring trial court to set a determinate MSR term within statutory range, as legislature intended that certain sex offenses, including criminal sexual assault, were subject to indeterminate or "extended" MSR terms because of risk of recidivism. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)