106 Ill. 2d 186 - People v. Hoffer’s Empirical Analysis
1985
Citation profile
17 federal appellate · 130 state decisions
How this case has been cited
Cited by 161 later decisions — most recently July 2023 · most notably 147 Ill. 2d 326 - People v. Frieberg (1992), 164 Ill. 2d 104 - People v. Jeffries (1995)
17 federal appellate · 130 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ashe v. Swenson · Green v. United States · Illinois v. Vitale · 46 Ill. 2d 348 - The People v. Hairston · 101 Ill. 2d 443 - People v. Ward
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 161 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An ‘included offense’ is defined in Illinois as an offense which ‘[i]s established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission of the offense charged ***.’ (Ill. Rev. Stat. 1981, ch. 38, par. 2—9(a).) The offenses of murder, voluntary manslaughter and involuntary manslaughter are distinguished only by the diminishing degree of mental culpability necessary to sustain each. While murder and voluntary manslaughter (unreasonable belief) both require proof of intent or knowledge (Ill. Rev. Stat. 1981, ch. 38, pars. 9—1(a)(1), 9—1(a)(2), 9—2(b)), the offense of voluntary manslaughter is committed only when the defendant acts with an unreasonable belief that the killing was justified. This mental state is considered less culpable, and, as such, voluntary manslaughter is considered an included offense of murder.” (People v. Hoffer (1985), 106 Ill. 2d 186, 194 , 478 N.E.2d 335 .)”
2 later decisions quote this exact passage · from the majority““A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases which the cause of the death consists of the driving of a motor vehicle, in which case the person commits reckless homicide.””
2 later decisions quote this exact passage · from the majority“a conviction of an included offense is an acquittal of the offense charged”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.