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41 J. Marshall L. Rev. 659 (2007-2008)
Second Degree Murder and Attempted Murder: Clear's Efforts to Maneuver the Slippery Slope

handle is hein.journals/jmlr41 and id is 703 raw text is: SECOND DEGREE MURDER AND ATTEMPTED MURDER: CLEAR'S EFFORTS TO MANEUVER THE SLIPPERY SLOPE JUDGE MICHAEL P. TOOMIN* Over a period of nearly two years, the CLEAR Initiative was engaged in the complex and daunting task of clarifying, simplifying and streamlining the Illinois Criminal Code.1 As noted elsewhere in the Symposium, the final product, as introduced by CLEAR Commissioner, Senator John Cullerton, implemented the numerous recommendations of the Commission and now reposes with the General Assembly.2 One aspect of the Criminal Code warranting the attention and remedial efforts of the Commission addressed the 1986 legislation discarding the crime of voluntary manslaughter and creating, in its stead, the offense of second degree murder. The Commission also focused upon the perceived legal oddity in the penalty provided for the substantive offense of second degree murder and the inchoate crime of attempt murder currently on the books. Consideration was given to the anomaly that allows a defendant who succeeds in intentionally killing his victim to be found guilty of second degree murder, with a penalty of four to twenty years or probation,3 whereas the offender whose efforts do not bear fruition may be found guilty of attempt first degree murder, a non-probationable offense with a penalty of six to thirty years.4 With regard to the offense of second degree murder, this article will identify some of the pitfalls created by this legislation * Circuit Court of Cook County, Criminal Division. Judge Toomin is also a Commissioner of the CLEAR Initiative. The author greatly acknowledges the helpful critique provided by his colleague, Judge Dennis J. Porter, and also thanks David Friedland, Criminal Division Staff Attorney and Bryan D. Grissman, DePaul College of Law 711 intern, for their valued assistance in the development of the article. 1. 720 ILL. COMP. STAT. 5/1-1 to 5/47-25 (2007). 2. See S.B. 100, 95th General Assem. (Ill. 2007) (encompassing the CLEAR Commission's recommendations). 3. See 720 ILL. COMP. STAT. 5/9-2 (2007) (describing the elements of second degree murder). 4. See 720 ILL. COMP. STAT. 5/8-4 (2007) (providing the elements of attempt).

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