ICJI 223

ICJI 223 INSTRUCTION ON USE OF VERDICT FORM WITH QUESTIONS

In this case you will return a verdict, consisting of a series of questions. Although the explanations on the verdict form are self-explanatory, they are part of my instructions to you. I will now read the verdict form to you. It states:

"We, the Jury, for our verdict, unanimously answer the question(s) submitted to us as follows:

QUESTION NO. 1: Is [defendant's name] guilty or not guilty of [Name of offense charged]?

Not Guilty _______ Guilty _______

If you unanimously answered Question No. 1 "Guilty", then you should simply sign the verdict form and advise the bailiff. If you unanimously answered Question No. 1 "Not Guilty", then proceed to answer Question No. 2.

QUESTION NO. 2: Is [defendant's name] guilty or not guilty of [Name next serious included offense]?

Not Guilty _______ Guilty (7)6d

If you unanimously answered Question No. 2 "Guilty", then you should simply sign the verdict form and advise the bailiff. If you unanimously answered Question No. 2 "Not Guilty", then proceed to answer Question No. 3.

QUESTION NO. 3: Is [defendant's name] guilty or not guilty of [Name next serious included offense]?

Not Guilty _______ Guilty _______ "

The verdict form then has a place for it to be dated and signed. You should sign the verdict form as explained in another instruction.

Comment

The questions on this verdict form can be repeated as many times as necessary. The questions and responses should be inserted in the appropriate verdict form, ICJI 224.

If a special circumstance must be found, i.e. use of a deadly weapon that can be added as an additional direction and question as follows:

QUESTION NO. 1: Is [defendant's name] guilty or not guilty of [name of offense charged]?

Not Guilty _______ Guilty _______

If you unanimously answered Question No. 1 "Guilty", then you must skip to Question No. 3 and answer that question. If you unanimously answered Question No. 1 "Not Guilty", then proceed to answer Question No. 2.

QUESTION NO. 2: Is [defendant's name] guilty or not guilty of [name of next serious offense]?

Not Guilty _______ Guilty _______

If you unanimously answered Question No. 2 "Guilty", then you must next answer Question No. 3. If you unanimously answered Question No. 2 "Not Guilty", then you should simply sign the verdict form and advise the bailiff.

QUESTION NO. 3: [Example: Did [defendant's name] personally use a deadly weapon in the commission of the crime of which you have found [him] [her] guilty?]

YES: _______ NO: _______

Additional Comment

Both instructions ICJI 221 and ICJI 223 are designed to accomplish the same task, i.e., informing the jury how to fill out a verdict form containing multiple counts, lesser included offenses or requiring the jury to answer whether special circumstances exist. These two instructions are alternative methods. The court should use whichever one seems best suited for the task, together with the companion verdict, ICJI 222 or ICJI 224.