Ill. Pattern Jury Instr. (Criminal) 27.01

Defendant--(Defendant Is Arthur Fletcher

[1.01]

Members of the jury, the evidence and arguments in this case have been completed, and I

now will instruct you as to the law.

The law that applies to this case is stated in these instructions, and it is your duty to

follow all of them. You must not single out certain instructions and disregard others.

It is your duty to determine the facts and to determine them only from the evidence in this

case. You are to apply the law to the facts and in this way decide the case.

Neither sympathy nor prejudice should influence you.

From time to time it has been the duty of the court to rule on the admissibility of

evidence. You should not concern yourselves with the reasons for these rulings. You should

disregard questions and exhibits which were withdrawn or to which objections were sustained.

Any evidence that was received for a limited purpose should not be considered by you for

any other purpose.

You should disregard testimony and exhibits which the court has refused or stricken.

The evidence which you should consider consists only of the testimony of the witnesses

and the exhibits which the court has received.

You should consider all the evidence in the light of your own observations and

experience in life.

Neither by these instructions nor by any ruling or remark which I have made do I mean to

indicate any opinion as to the facts or as to what your verdict should be.

Faithful performance by you of your duties as jurors is vital to the administration of

justice.

[1.02]

Only you are the judges of the believability of the witnesses and of the weight to be given

to the testimony of each of them. In considering the testimony of any witness, you may take into

account his ability and opportunity to observe, his memory, his manner while testifying, any

interest, bias, or prejudice he may have, and the reasonableness of his testimony considered in

the light of all the evidence in the case.

You should judge the testimony of the defendant in the same manner as you judge the

testimony of any other witness.

[1.03]

Opening statements are made by the attorneys to acquaint you with the facts they expect

to prove. Closing arguments are made by the attorneys to discuss the facts and circumstances in

the case and should be confined to the evidence and to reasonable inferences to be drawn from

the evidence. Neither opening statements nor closing arguments are evidence, and any statement

or argument made by the attorneys which is not based on the evidence should be disregarded.

[2.01A]

The defendant is charged with the offense of first degree murder. The defendant has

pleaded not guilty. 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 of second degree murder.

[2.02]

The charge against the defendant in this case is contained in a document called the

information. This document is the formal method of charging the defendant and placing the

defendant on trial. It is not any evidence against the defendant.

[2.03A]

The defendant is presumed to be innocent of the charge against him of first degree

murder. This presumption remains with him throughout every stage of the trial and during your

deliberations on the verdict and is not overcome unless from all the evidence in this case you are

convinced beyond a reasonable doubt that the defendant is guilty.

The State has the burden of proving that the defendant is guilty of first degree murder,

and this burden remains on the State throughout the case. The defendant is not required to prove

his innocence.

If the State proves beyond a reasonable doubt that the defendant is guilty of first degree

murder, the defendant then has the burden of proving by a preponderance of the evidence that a

mitigating factor is present so that he is guilty of the lesser offense of second degree murder, and

not guilty of first degree murder. In deciding whether a mitigating factor is present, you should

consider all of the evidence bearing on this question.

[3.06-3.07]

You have before you evidence that the defendant made a statement relating to the offense

charged in the information. It is for you to determine whether the defendant made the statement,

and, if so, what weight should be given to the statement. In determining the weight to be given a

statement, you should consider all of the circumstances under which it was made.

[7.01]

A person commits the offense of first degree murder when he kills an individual without

lawful justification if, in performing the acts which cause the death,

he intends to kill or do great bodily harm to that individual;

or

he knows that such acts will cause death to that individual;

or

he knows that such acts create a strong probability of death or great bodily harm to that

individual.

[7.05]

A mitigating factor exists so as to reduce the offense of first degree murder to the lesser

offense of second degree murder if at the time of the killing the defendant believes that

circumstances exist which would justify the deadly force he uses, but his belief that such

circumstances exist is unreasonable.

[24-25.06]

A person is justified in the use of force when and to the extent that he reasonably believes

that such conduct is necessary to defend himself against the imminent use of unlawful force.

However, a person is justified in the use of force which is intended or likely to cause

death or great bodily harm only if he reasonably believes that such force is necessary to prevent

imminent death or great bodily harm to himself.

[24-25.09]

A person who initially provokes the use of force against himself is justified in the use of

force only if the force used against him is so great that he reasonably believes he is in imminent

danger of death or great bodily harm, and he has exhausted every reasonable means to escape the

danger other than the use of force which is likely to cause death or great bodily harm to the other

person.

[7.06]

To sustain either the charge of first degree murder or the charge of second degree murder,

the State must prove the following propositions:

First Proposition: That the defendant performed the acts which caused the death of Ralph

Hudson; and

Second Proposition: That when the defendant did so,

he intended to kill or do great bodily harm to Ralph Hudson;

or

he knew that such acts would cause death to Ralph Hudson;

or

he knew that such acts created a strong probability of death or great bodily harm to Ralph

Hudson;

and

Third Proposition: That the defendant was not justified in using the force which he used.

If you find from your consideration of all the evidence that any one of these propositions

has not been proved beyond a reasonable doubt, your deliberations should end, and you should

return a verdict of not guilty.

If you find from your consideration of all the evidence that each one of these propositions

has been proved beyond a reasonable doubt, then you should go on with your deliberations to

decide whether a mitigating factor has been proved so that the defendant is guilty of the lesser

offense of second degree murder instead of first degree murder.

You may not consider whether the defendant is guilty of the lesser offense of second

degree murder until and unless you have first determined that the State has proved beyond a

reasonable doubt each of the previously stated propositions.

The defendant has the burden of proving by a preponderance of the evidence that a

mitigating factor is present so that he is guilty of the lesser offense of second degree murder

instead of first degree murder. By this I mean that you must be persuaded, considering all the

evidence in this case, that it is more probably true than not true that the following mitigating

factor is present: that the defendant, at the time he performed the acts which caused the death of

Ralph Hudson, believed the circumstances to be such that they justified the deadly force he used,

but his belief that such circumstances existed was unreasonable.

If you find from your consideration of all the evidence that the defendant has proved by a

preponderance of the evidence that a mitigating factor is present so that he is guilty of the lesser

offense of second degree murder instead of first degree murder, you should find the defendant

guilty of second degree murder.

If you find from your consideration of all the evidence that the defendant has not proved

by a preponderance of the evidence that a mitigating factor is present so that he is guilty of the

lesser offense of second degree murder instead of first degree murder, you should find the

defendant guilty of first degree murder.

[26.01A]

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 is 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 of second degree murder.

Accordingly, you will be provided with three verdict forms: “not guilty”, “guilty of first

degree murder”, and “guilty of second degree murder”.

From these three verdict forms, you should select the one verdict form that reflects your

verdict and sign it as I have stated. Do not write on the other two verdict forms. Sign only one

verdict form.

[26.02]

We, the jury, find the defendant Arthur Fletcher not guilty.

________________________

Foreperson

[Lines for eleven other jurors]

[26.05]

We, the jury, find the defendant Arthur Fletcher guilty of first degree murder.

________________________

Foreperson

[Lines for eleven other jurors]

NOTE: IF THE ALTERNATIVE, SINGLE PAGE, MULTIPLE VERDICT FORM IS USED,

SLIGHT REVISIONS MUST BE MADE TO THE CONCLUDING INSTRUCTIONS FROM

CHAPTER 26. READ THE “INTRODUCTION” TO THIS CHAPTER FOR DETAILS.

(Set 27.01)

Alternative, Single Page, Multiple Verdict Form

We, the jury, find the defendant:

1. ____ Arthur Fletcher not guilty. [26.02]

2. ____ Arthur Fletcher guilty of first degree murder. [26.05]

3. ____ Arthur Fletcher guilty of second degree murder. [26.05]

Indicate your unanimous verdict by checking only one of the choices above.

________________________

Foreperson

[Lines for eleven other jurors]

SET 27.02

Instructions

Included within Set 27.02:

1.01Functions of Court and Jury