[Download] "People v. Pembrock" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Pembrock
- Author : Supreme Court of Illinois
- Release Date : January 26, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The defendant, Robert Pembrock, was charged with committing the offense of indecent liberties with a child in violation of section 11-4(a)(2) of the Criminal Code. (Ill. Rev. Stat. 1971, ch. 38, par. 11-4(a)(2).) The State's Attorney of Cook County thereafter filed a petition alleging that the defendant is suffering from a mental disorder coupled with criminal propensities to the commission of sex offenses; that the disorder has existed for not less than one year and that the defendant demonstrated the propensities toward acts of sexual assault by committing the offense with which he was charged, by soliciting three teenage girls to commit acts of intercourse and by his juvenile record of sexual assault. The petition prayed that a hearing be held to determine if the defendant is a sexually dangerous person. Following the procedure prescribed by the Sexually Dangerous Persons Act, the court found the defendant to be a sexually dangerous person and committed him to the custody of the Director of Corrections until he is recovered and released as provided by statute. (Ill. Rev. Stat. 1971, ch. 38, par. 105-1.01 et seq.) The appellate court reversed and remanded, holding that the proper standard of proof to be applied under the Sexually Dangerous Persons Act is proof beyond a reasonable doubt and not simply by a preponderance of the evidence. (23 Ill. App.3d 991.) We granted the State's petition for leave to appeal.