Statutory Victims: the Lessons of the Late MR and MRS LAMB

CHICAGOLAWBULLETIN.COM WEDNESDAY, NOVEMBER 18, 2015

Volume 161, No. 226 Statutory victims: The lessons of the late MR and MRS LAMB

s we all know, the law uncommon common-law crime. are more 20 different sex-related is constantly evolving According to Black’s Law Dictio- BY JAKE CRABBS felonies (to say nothing of mis- and changing. The nary, mayhem is “unlawfully and Jake Crabbs is a third-year law demeanors and petty offenses that courts and the legisla- violently depriving another of the student at The John Marshall Law are elevated to the status of tures are forever mod- use of such of his members as School. He obtained his bachelor’s felonies for repeat offenders.) degree in liberal arts from St. John’s ifyingA the laws of our nation and may render him less able, in fight- College in Annapolis, Md. Among the sex-related felonies our state. And, whether you sleep ing, either to defend himself or in this state are criminal trans- through your Continuing Legal annoy his adversary.” mission of HIV (720 ILCS 5/12- Education classes or not, every In Illinois, somebody accused of archaic as that of mayhem, and 5.01) and posting of identifying or attorney must stay abreast of common-law mayhem would prob- statute has totally replaced the graphic information on a porno- these perpetual changes. ably be charged with aggravated outdated common law. graphic Internet site (720 ILCS Often, however, attorneys lose battery for committing a battery Likewise, murder (720 ILCS 5/11-23). Obviously, those offenses touch with the way that the study that “causes great bodily harm or 5/9-1), robbery (720 ILCS 5/9-1), could not even have been imag- of law changes. Did you know that permanent disability or disfigure- larceny (720 ILCS 5/16-1), arson ined by the courts that first de- midterm examinations and peri- m e n t”(720 ILCS 5/12-3.05). (720 ILCS 5/20-1), manslaughter scribed the common-law felonies. odic quizzes are now common in No matter how imposing may- (720 ILCS 5/9-3) and burglary As a result of the ballooning law schools? Or that many law hem sounds in comparison, statu- (720 ILCS 5/19-1) have all been statutory regimes, a careful study schools require practical experi- tory aggravated battery has to- modified and codified by the leg- of statutory construction is more ence in order to graduate? tally taken its place. islature. In a practical sense, their important than knowing the com- And did you know that the vast Even the more common of com- common-law definitions simply mon-law definitions for a handful majority of current students have mon-law felonies are not as they are no longer relevant. of felonies. According to at least no idea who MR & MRS LAMB once were. At common law, rape Another reason that the com- one professor, the first three steps a r e ? was the “unlawful carnal knowl- mon-law felonies get less attention of legal writing are “1. Read the To be fair, many young attor- edge of a woman, by a man”w h o in law school is that they are statute. 2. Read the statute. 3. neys also are unfamiliar with MR is not her husband, by force or dwarfed in number by statutory Read the statute.” & MRS LAMB. Odds are that if threat and without her consent. felonies. By statute, felonies are But the legislature is not the you know that austere couple, you only body contributing to the dis- graduated many years ago. appearance of MR & MRS LAMB. For those who did not learn The greatest (and most delight- about MR & MRS LAMB in law (W)hy are the names MR & MRS LAMB no fully ironic) blow to the traditional school, or those who graduated longer on the lips of every first-year law common-law felonies came from long enough ago to forget, MR & the U.S. Supreme Court when it MRS LAMB is a mnemonic device student? One reason is that the common law is ruled in Lawrence v. Texas t h a t to remember the common-law not all that common any more. sodomy is protected under the im- felonies: murder, rape, mayhem, plicit privacy rights in the Con- robbery, sodomy, larceny, arson, stitution. manslaughter and burglary. But here in Illinois, accused divided into five classes in Illinois. Now that sodomy is no longer a So why are the names MR & rapists are charged with criminal Each class includes far more of- common-law felony, (and gay mar- MRS LAMB no longer on the lips sexual assault (720 ILCS 5/11- fenses than all of the common-law riage is a recognized constitution- of every first-year law student? 1.20). felonies taken together. al right under the court’s ruling in One reason is that the common Although the word “ra p e”is For example, rape and sodomy Obergefell v. Hodges), I would like law is not all that common any still used constantly, the common- are the two sex-related felonies at to reintroduce you to MR & MRS more. Mayhem is a particularly law notion of rape is nearly as common law, but in Illinois there LAMB!