Ill. Pattern Jury Instr. (Criminal) 26.01K

Murder And Involuntary Manslaughter --Jury Is Not To Be Instructed On The Insanity

Defense--Jury Is 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 fir st 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) guilty of first

degree murder; or (3) guilty but mentally ill of first degree murder; or (4) guilty of second degree

murder; or (5) guilty but mentally ill of second degree murder; or (6) guilty of involuntary

manslaughter; or (7) guilty but mentally ill of involuntary manslaughter.

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

guilty”, “guilty of first degree murder”, “guilty but mentally ill of first degree murder”, “guilty of

second degree murder”, “guilty but mentally ill of second degree murder”, “guilty of involuntary

manslaughter”, and “guilty but mentally ill of involuntary manslaughter”.

During your deliberations, you should first consider whether each of the propositions for

first degree murder has been proved beyond a reasonable doubt. If you find that each of those

propositions has been proved, your deliberations should continue as to the additional proposition

regarding whether the defendant is guilty of second degree murder instead of first degree murder.

If you find that any of the propositions regarding first degree murder have not been

proved beyond a reasonable doubt, your deliberations on first degree murder and second degree

murder should end, and you should go on with your deliberations to decide whether the

defendant is guilty of involuntary manslaughter.

Under the law, if you find the defendant guilty of either first degree murder, second

degree murder, or involuntary manslaughter, you can sign a guilty verdict on only one of these

three offenses. Accordingly, if you find the defendant guilty of either first degree murder or

second degree murder, that verdict would mean that the defendant is not guilty of involuntary

manslaughter. Likewise, if you find the defendant guilty of involuntary manslaughter, that

verdict would mean that the defendant is not guilty of first degree murder and second degree

murder.

If you find the defendant is guilty of any one of these offenses, you should then go on

with your deliberations to decide whether the defendant is guilty but mentally ill of that offense.

>From these seven verdict forms, you should select the one verdict form that reflects

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

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