Motion to declare Illinois battery statutes unconstitutional

April 17, 2015 § Leave a comment

i 1 VoteClick here to download full motion: Motion to declare Illinois battery statute unconstitutionalThis motion alleges that the Illinois battery and aggravated battery statutes are unconstitutional because (a) they are discriminatory and therefore violate the Americans with Disabilities Act, (b) they suffer from overbreadth thereby making innocent contact criminal, (c) they are vague and therefore subject to misuse and impossible to determine if an act is innocent or criminal, (d) they deny equal protection as there is no rationality as to how they are applied to protect the public interests concerned, and (e) they deny due process in violating the Proportionate Penalties Clause of our Illinois Constitution (they are cruel, degrading or so wholly disproportionate to the offense committed as to shock the moral sense of the community in alleging the same act and penalty for touching an officer’s ear [or even for touching an officer’s bullet proof vest with a piece of paper] as for beating an officer so bad he is in critical condition, stabbing a citizen numerous times with a knife, or making a bomb which explodes and harms a person). These statutes also violate the separation of powers clause in that they de facto give the judiciary the power to legislate, in that the judges, not the legislature decide what conduct is a crime and what sentence a person committing that conduct should receive, out of a vast array%2

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