Ill. Pattern Jury Instr. (Criminal) 26.01R

Including Lesser Offenses--Jury Is Not To Be Instructed On The Insanity Defense --Jury Is

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

Some Charge Other Than The Greater And Lesser Included Offenses

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)] [also) charged with the offense of [greater offense].

Under the law, a person charged with [greater offense] may be found (1) not guilty of [greater

offense] and not guilty of [lesser offense]; or (2) guilty of [greater offense]; or (3) guilty of

[lesser offense].

[2] Accordingly, you will be provided with three verdict forms [as to each defendant]

pertaining to the charge of [greater offense]: “not guilty of [greater offense] and not guilty of

[lesser offense],” “guilty of [greater offense],” and “guilty of [lesser offense].”

[3] From these three 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 two

verdict forms [as to that defendant]. Sign only one of these verdict forms [as to that defendant].

Sign only one of these verdict forms [as to each defendant].

[4] [If you find the State has proved the defendant guilty of both [greater offense] and

[lesser offense], you should select the verdict form finding the defendant guilty of [greater

offense] and sign it as I have stated. Under these circumstances, do not sign verdict form finding

the defendant guilty of [lesser offense].]

[5] [Under the law, the defendant cannot be guilty of [greater offense] and [lesser

offense]. Accordingly, if you find the defendant guilty of [greater offense], that verdict would

mean that the defendant is not guilty of [lesser offense]. Likewise, if you find the defendant

guilty of [lesser offense], that verdict would mean that the defendant is not guilty of [greater

offense].

[6] The defendant[s] [(is) (are)] also charged with the offense of ____. You will receive

two forms of verdict [as to each defendant] as to this charge. You will be provided with both a

“not guilty of ____” and a “guilty of ____” form of verdict [as to each defendant].

[7] From these two 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.

You should not write at all on the other verdict form pertaining to the charge of ____.