§ 725 ILCS 5/104-10 Presumption of Fitness; Fitness Standard.) A defendant is presumed to …
§ 725 ILCS 5/104-11 Raising Issue; Burden; Fitness Motions.) (a) The issue of the …
§ 725 ILCS 5/104-12 Right to Jury.) The issue of the defendant’s fitness may be …
§ 725 ILCS 5/104-13 Fitness examination
§ 725 ILCS 5/104-14 Use of Statements Made During Examination or Treatment.) (a) …
§ 725 ILCS 5/104-15 Report
§ 725 ILCS 5/104-16 Fitness Hearing.) (a) The court shall conduct a hearing to determine …
§ 725 ILCS 5/104-17 Commitment for treatment; treatment plan
§ 725 ILCS 5/104-18 Progress reports
§ 725 ILCS 5/104-19 Records.) Any report filed of record with the court concerning …
§ 725 ILCS 5/104-20 Ninety-day hearings; continuing …
§ 725 ILCS 5/104-21 Medication
§ 725 ILCS 5/104-22 Trial with special provisions and assistance.) (a) On motion of the …
§ 725 ILCS 5/104-23 Unfit defendants
§ 725 ILCS 5/104-24 Time Credit
§ 725 ILCS 5/104-25 Discharge hearing
§ 725 ILCS 5/104-26 Disposition of Defendants suffering disabilities
§ 725 ILCS 5/104-27 Defendants Found Unfit Prior to this Article; Reports; Appointment of Counsel
§ 725 ILCS 5/104-28 Disposition of Defendants Found Unfit Prior to this Article
§ 725 ILCS 5/104-29 In the event of any conflict between this Article and the “Mental …
§ 725 ILCS 5/104-30 Notice to Law Enforcement Agencies Regarding Release of Defendants
§ 725 ILCS 5/104-31 No defendant placed in a setting of the Department of Human Services …

Terms Used In Illinois Compiled Statutes > 725 ILCS 5 > Title I > Article 104 - Fitness For Trial, To Plead Or To Be Sentenced

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • sworn: shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.