| 词条 | James Lutgen |
| 释义 |
Lutgen was released in 1986 and allowed to retain custody of his children. A circuit court judge in Jo Daviess County ruled that Lurgen was "a fit and proper person to have the care and control of his minor children.[4] The aunt and uncle of the two young girls appealed the judicial order that returned custody of the children to their father, but a three panel appeals court said there was no precedent or law to overturn the lower court's decision:[5][6] Neither our Legislature nor our case law in Illinois has seen fit to set forth a rule that the killing of one parent by the other in the presence of the children, no matter what the circumstances, is sufficient to deprive that parent of his or her children on the basis of unfitness. A witness testified that she had seen the children and Ms. Lutgen with injuries, including a black eye, but had not personally seen how the children received the injuries.[2] Although a state statute mandated that the court consider domestic violence as a factor to determine the best interests of the child, the court said that the statute did not require that domestic violence be given more weight than any other factor.[2] The appellate court wrote that "a single criminal conviction, without more, will not support a finding of unfitness based upon depravity", noting that Lutgen had an otherwise "unblemished record".[2][5] References1. ^{{Cite news| last = Press| first = Associated| title = Ill. Court Backs Man Who Strangled Wife| work = The Boston Globe (Boston, MA)| accessdate = 2018-01-22| date = 1989-01-06| url = https://www.highbeam.com/doc/1P2-8102837.html| archive-url = https://web.archive.org/web/20180123072500/https://www.highbeam.com/doc/1P2-8102837.html| dead-url = yes| archive-date = 2018-01-23|via=High Beam}} 2. ^1 2 3 {{Cite book| publisher = Austin & Winfield| isbn = 978-1-57292-022-4| last = Lemon| first = Nancy K. D.| title = Domestic violence law: a comprehensive overview of cases and sources| date = 1996}} 3. ^{{Cite book| publisher = Random House Publishing Group| isbn = 978-0-8041-5267-9| last = Weller| first = Sheila| title = Marrying the Hangman: A True Story of Privilege, Marriage and Murder| date = 2014-08-20}} 4. ^1 {{Cite web| title = Custody Ruling Unites Family, Enrages Town| work = tribunedigital-chicagotribune| accessdate = 2018-01-22| url = http://articles.chicagotribune.com/1989-01-06/news/8902230242_1_supreme-court-domestic-violence-court-system}} 5. ^1 {{Cite web| title = Appeals Court Allows Wife's Killer to Retain Custody of Daughters| accessdate = 2018-01-22| url = http://www.apnewsarchive.com/1989/Appeals-Court-Allows-Wife-s-Killer-to-Retain-Custody-of-Daughters/id-63025942320e455eb6a2d78ac963869c}} 6. ^{{Cite news| title = 2 girls returned to father who strangled their mother| work = Chicago Sun-Times| accessdate = 2018-01-22| date = 1988-01-03| url = https://www.highbeam.com/doc/1P2-3863385.html| archive-url = https://web.archive.org/web/20180123072319/https://www.highbeam.com/doc/1P2-3863385.html| dead-url = yes| archive-date = 2018-01-23|via=High Beam}} External links
|case=In Re Lutgen |leagle=https://www.leagle.com/decision/19881131177illapp3d95411021}}
4 : Year of birth missing (living people)|Living people|Domestic violence in the United States|American people convicted of manslaughter |
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