People v. Lopez

I cannot agree with the majority’s conclusion that the crime of attempted second degree murder does not exist under Illinois law. I believe that attempted second degree murder is a viable criminal offense. The failure to recognize attempted second degree murder as a criminal offense creates a void in Illinois criminal law which causes irrational and disparate treatment of defendants under certain circumstances. Also, recognition of attempted second degree murder is both logical under Illinois’ new homicide statute and consistent with recent case law interpreting the statute. Further, I…