Ill. Pattern Jury Instr. (Criminal) 26.01E

Murder--Jury Is To Be Instructed On The Insanity Defense --Jury Is Not To Be Instructed

On The Guilty But Mentally Ill Verdict --Jury Is Not To Be Instructed On Any Other

Charge

When you retire to the jury room you first will elect one of your members as your

foreperson. He or she will preside during your deliberations on your verdict.

Your agreement on a verdict must be unanimous. Your verdict must be in writing and

signed by all of you, including your foreperson.

The defendant[s] [(is) (are)] charged with the offense of first degree murder. Under the

law, a person charged with first degree murder may be found (1) not guilty; or (2) not guilty by

reason of insanity of first degree murder; or (3) guilty of first degree murder; or (4) not guilty by

reason of insanity of second degree murder; or (5) guilty of second degree murder.

If you find that the State has proved the defendant[s] guilty beyond a reasonable doubt of

the offense of first degree murder, you must then decide whether the defendant[s] [(has) (have)]

proved by a preponderance of the evidence that [(the defendant) (either or both defendants)] [

(is) (are)] guilty of the lesser offense of second degree murder.

Accordingly, you will be provided with five verdict forms [as to each defendant]: “not

guilty”, “not guilty by reason of insanity of first degree murder”, “guilty of first degree murder”,

“not guilty by reason of insanity of second degree murder”, and “guilty of second degree

murder”.

From these five verdict forms, you should select the one verdict form that refle cts your

verdict [as to each defendant] and sign it as I have stated. Do not write on the other four verdict

forms [as to that defendant]. Sign only one verdict form [as to each defendant].