Ill. Pattern Jury Instr. (Criminal) 26.01X

Offense--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 [greater offense]. Under the

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

[lesser offense]; or (2) not g uilty by reason of insanity of [greater offense]; or (3) guilty of

[greater offense]; or (4) guilty but mentally ill of [greater offense]; or (5) not guilty by reason of

insanity of [lesser offense]; or (6) guilty of [lesser offense]; or (7) guilty but mentally ill of

[lesser offense].

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

“not guilty of [greater offense] and [lesser offense]“, “not guilty by reason of insanity of [greater

offense]“, “guilty of [greater offense]“, “guilty but mentally ill of [greater offense]“, “not guilty

by reason of insanity of [lesser offense]“, “guilty of [lesser offense]“, and “guilty but mentally ill

of [lesser offense]“.

[3] 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 of these verdict forms [as to each defendant].

[4]

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 ____”.

[5] 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.

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

of these four verdict forms [as to each defendant] is to be signed by you.

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

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

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

finding the defendant guilty of [lesser offense].]

[7] [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].]