ILLINOIS SELF-DEFENSE STATUTE:

PLAIN LANGUAGE

720 Ill. Comp. Stat. Ann. 5/7-1 (West 2002 & Supp.
2013).

5/7-1Use of force in defense of person.

A person is justified in the use of force against
another when and to the extent that he reasonably believes
that such conduct is necessary to defend himself or
another against such others imminent use of unlawful
force. However, he is justified in the use of force which is
intended or likely to cause death or great bodily harm
only if he reasonably believes that such force is necessary
to prevent imminent death or great bodily harm to himself
or another, or the commission of a forcible felony.


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ELEMENTS ANALYSIS5/7-1

Did the defendant (Boyd) reasonably (objectively)
believe both of the following?

(1) That the assailant/decedent (Gilbert) either:
(a) Threatened Boyd with imminent death or
great bodily harm OR
(b) Was committing a forcible felony [non-
issue]
AND
(2) That deadly force was necessary to prevent:
(a) Boyds imminent death or great bodily
harm OR
(b) Commission of a forcible felony? [non-
issue]







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CLOSED MEMO TEMPLATE

Version #1 Assignment & Assessment
Memoranda PowerPoints
Structure of an Office Memorandum Handout
Basic Citation Guidance for Closed Memo
Two Sample Closed Memos

MEMORANDUM

To: Laurie A. Lewis, Esq.
From: Student ID Number
Date: September 8, 2014
Re: Jeffrey Boyd, #14-131 (Illinois Self-Defense
statute)

Single-space heading only:
Follow Syllabus Course Rules for Written Work

Question Presented

Under-does-when question?
J urisdiction/rule of law
No specific party names/places
I nclude most important legally relevant facts
No citations
Short Answer
4

Make prediction in declarative statement
Repeat jurisdiction/rule of law
I dentify elements test
I nclude brief reasoning why elements are or are not met
No one or two-word initial response
No definitive answer

Statement of Facts

Begin with context, including jurisdiction
Must include all facts appearing in Discussion
Favorable and unfavorable facts
No argumentative tone

Discussion

Overview Paragraph - no subheading
Plain language 5/7-1(refer to Basic Citations for
block quotes)
Policy considerations (legislative intent; unavailable
from S.M.)
Elements not at issue (only second clause applies as
deadly force was used; forcible felony and defense
of another are non-issues)
Remaining disputed elements
5
Ultimate conclusion (whether Boyd has an
affirmative defense under the I llinois Self-Defense
statute)

I. First subheading (imminent death or great
bodily harm)
Thesis sentence describes in general terms
factors courts consider/evaluate

Rule Explanation S.M.
Rule explanation(s) must include rule
statement(s), relevant case facts, holding(s),
and reasoning (S.M. pinpoint page citations
throughout)

Rule Application Explicit Comparisons
between S.M. Facts & Boyd Facts
Rule application(s) should begin with
comparison language and link similar
persons/things, basing analysis on relevant
factors

I ncorrect: Like in S.M., Gilbert
Correct: Like the four aggressors in S.M.,
Gilbert...

6
Begin with favorable applications, followed by
any unfavorable applications
(counterarguments)

No citationssimply reference S.M.

NOTE: Do not mix together RE & RA

Mini-Conclusion

II. Second subheading (necessity of using deadly
force)
Thesis sentence describes in general terms
factors courts consider/evaluate

Rule Explanation S.M.
Rule explanations should include rule
statement(s), relevant case facts, holding(s),
and reasoning (S.M. pinpoint page citations
throughout)

Rule Application Explicit Comparisons
between S.M. Facts & Boyd Facts
Rule applications should begin with
comparison language and link similar
persons/things, basing analysis on relevant
factors

7
I ncorrect: Like in S.M., Boyd
Correct: Like the defendant in S.M., Boyd...

Begin with favorable applications, followed by
any unfavorable applications
(counterarguments)

No citationssimply reference S.M.

Mini-Conclusion

Conclusion

Restates Prediction, using same predictive terminology
as in Short Answer and Overview
Reasoning expanded slightly beyond Short Answer
Resolves strongest counterargument
Recommendations, including research

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REMEMBER - By class time:

Submit electronically on TWEN; Certificate of
Compliance not required with electronic version
Two date- and time-stamped hard copies into
personal folder, with completed Certificates of
Compliance stapled on top of both
Identify by Student ID Number only