Can a Defendant Be Charged with Both First-Degree Murder (720 ILCS 5/9-1(a)(2)) and an Aggravated DUI (625 ILCS 5/11-501(a) and 11-501(d)(1)(F))?
By Dan Fultz
Criminal Justice,
May 2025
Illinois courts have upheld convictions where defendants were charged with both first-degree murder and aggravated DUI, as in People v. Eubanks and People v. Mischke. In Eubanks, the Illinois Supreme Court ruled that the trial court abused its discretion by refusing a jury instruction on reckless homicide, a lesser included offense, because the difference lies in the defendant's mental state, which should be decided by the jury. In Mischke, the appellate court upheld concurrent sentences for both convictions, rejecting the defendant’s argument that the law required consecutive sentences. Overall, Illinois allows such dual charges when the defendant’s actions show a strong probability of causing death or great bodily harm.
Homicidal vs. Suicidal Intent
By Dan Fultz
Criminal Justice,
May 2025
Fultz's article uses the case, People v. Oelerich, to illustrate how suicidal intent does not exempt a defendant from a first-degree murder conviction. In Oelerich, the defendant deliberately crashed his car while under the influence, claiming he intended to die, not to harm others. The court upheld his first-degree murder conviction, ruling that the act still met the knowledge standard since he knowingly created a strong probability of harming others. Suicidal intent does not negate the knowledge required for first-degree murder if the conduct foreseeably endangers others.
Guilty but Mentally Ill
By Dan Fultz
Criminal Justice,
January 2025
A court faced with an insanity defense may find the defendant "not guilty by reason of insanity" or "guilty but mentally ill." Although both findings take into account the defendant's mental state at the time of the offense, the implications and consequences of each are different. An insanity defense is a complete affirmative defense and is equivalent to an acquittal. On the other hand, guilty but mentally ill is not an affirmative defense, but rather an alternative finding. A defendant who is found guilty but mentally ill is not absolved of criminal responsibility and thus may be sentenced for the offense of conviction.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
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