Acquittal by Reason of Insanity Does Not Affect Slayer Statute in Illinois

A summary of Dougherty v. Cole,No. 4-09-0658, 2010 WL 1818920 (Ill. App. Ct. Apr. 29, 2010) is below:

The Illinois slayer statute bars “a person who intentionally and unjustifiably causes the death of another” from receiving any property or benefit by reason of the death.  Id. at 3.   In Dougherty, the intermediate Illinois appellate court held that the forfeiture occurs even though the slayer has been acquitted by reason of insanity because the trial court determined that the slayer had intended to kill even though he lacked criminal intent due to mental illness.