Ill. Pattern Jury Instr. (Criminal) 26.01P

Murder And Involuntary Manslaughter --Jury Is To Be Instructed On The Insanity

Defense--Jury Is To Be Instructed On The Guilty But Mentally Ill Verdict --Jury Is To Be

Instructed On Some Other Charge Or Charges

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.

[1] 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 of first degree

murder and not guilty of involuntary manslaughter; or (2) not guilty by reason of insanity of first

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

murder; or (5) not guilty by reason of insanity of second degree murder; or (6) guilty of second

degree murder; or (7) guilty but mentally ill of second degree murder; or (8) not guilty by reason

of insanity of involuntary manslaughter; or (9) guilty of involuntary manslaughter; or (10) guilty

but mentally ill of involuntary manslaughter.

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

guilty of first degree murder and not guilty of involuntary manslaughter”, “not guilty by reason

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

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

degree murder”, “guilty but mentally ill of second degree murder”, “not guilty by reason of

insanity of involuntary manslaughter”, “guilty of involuntary manslaughter”, and “guilty but

mentally ill of involuntary manslaughter”.

[3] 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.

[4] 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.

[5] 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.

[6] If you find the defendant is guilty of any one of these three offenses, you should then

go on with your deliberations to decide whether the defendant is not guilty by reason of insanity

of that offense.

[7] If you find the defendant has not proved that he is not guilty by reason of insanity,

you should then go on with your deliberations to decide whether the defendant is guilty but

mentally ill of that offense.

[8] From these ten 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 nine verdict

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

[9] The defendant[s] [(is) (are)] also charged with the offense of ____. Accordingly, you

will be provided with four verdict forms [as to each defendant] pertaining to the charge of ____:

“not guilty of ____”, “not guilty by reason of insanity of ____”, “guilty of ____”, and “guilty but

mentally ill of ____”.

[10] From these four verdict forms, you should select the one verdict form that reflects

your verdict [as to each defendant] pertaining to the charge of ____ and sign it as I have stated.

Do not write on the other verdict forms pertaining to the charge of ____. Sign only one of these

four verdict forms [as to each defendant].