Ill. Pattern Jury Instr. (Criminal) 27.07

Included Offenses--(Defendant Is Karen Scott)

[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. When I use

the word “he” in these instructions, I mean a male or a female.

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.

You are not to concern yourself with possible punishment or sentence for the offense

charged during your deliberations. It is the function of the trial judge to determine the sentence

should there be a verdict of guilty.

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disregard questions and exhibits which were withdrawn or to which objections were sustained.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

[1.05]

Those of you who took notes during trial may use your notes to refresh your memory

during jury deliberations.

Each juror should rely on his or her recollection of the evidence. Just because a juror has

taken notes does not necessarily mean that his or her recollection of the evidence is any better or

more accurate than the recollection of a juror who did not take notes.

When you are discharged from further service in this case, your notes will be collected by

the deputy and destroyed. Throughout that process, your notes will remain confidential and no

one will be allowed to see them.

[2.01Q (modified)]

The defendant is charged with the offense of possession with the intent to deliver 400

grams or more of a substance containing cocaine. The defendant has pleaded not guilty. Under

the law, a person charged with possession with the intent to deliver 400 grams or more of a

substance containing cocaine may be found (1) not guilty; or (2) guilty of possession with the

intent to deliver 400 grams or more of a substance containing cocaine; or (3) guilty of possession

with the intent to deliver one gram or more but less than 15 grams of a substance containing

cocaine; or (4) guilty of possession of 400 grams or more of a substance containing cocaine; or

(5) guilty of possession of more than one gram but less than 15 grams of a substance containing

cocaine.

[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.

[2.03]

The defendant is presumed to be innocent of the charge against her. This presumption

remains with her 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 the guilt of the defendant beyond a reasonable doubt,

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

her innocence.

[3.02]

Circumstantial evidence is the proof of facts or circumstances which give rise to a

reasonable inference of other facts which tend to show the guilt or innocence of the defendant.

Circumstantial evidence should be considered by you together with all the other evidence in the

case in arriving at your verdict.

[4.16]

Possession may be actual or constructive. A person has actual possession when she has

immediate and exclusive control over a thing. A person has constructive possession when she

lacks actual possession of a thing but she has both the power and the intention to exercise control

over a thing either directly or through another person.

If two or more persons share the immediate and exclusive control or share the intention

and the power to exercise control over a thing, then each person has possession.

[5.01A]

A person intends to accomplish a result or engage in conduct when her conscious

objective or purpose is to accomplish that result or engage in that conduct.

[5.01B]

A person knows the nature or attendant circumstances of her conduct when she is

consciously aware that her conduct is of such a nature or that such circumstances exist.

Knowledge of a material fact includes awareness of the substantial probability that such fact

exists.

A person knows the result of her conduct when she is consciously aware that such result

is practically certain to be caused by her conduct.

[17.17]

A person commits the offense of possession with intent to deliver a controlled substance

when she knowingly possesses with intent to deliver a substance containing a controlled

substance and the substance containing the controlled substance weighs 400 grams or more.

[17.05A]

The word “deliver” means to transfer possession or to attempt to transfer possession.

The word “deliver” includes a constructive transfer of possession which occurs without

an actual physical transfer. When the conduct or declarations of the person who has the right to

exercise control over a thing is such as to effectively relinquish the right of control to another

person, so that the other person is then in constructive possession, there has been a delivery.

A delivery may occur with or without the transfer or exchange of money, or with or

without the transfer or exchange of other consideration.

[17.18]

To sustain the charge of possession with intent to deliver a controlled substance when the

substance containing the controlled substance weighed 400 grams or more, the State must prove

the following propositions:

First Proposition: That the defendant knowingly possessed with intent to deliver a

substance containing cocaine, a controlled substance; and

Second Proposition: That the weight of the substance containing the controlled substance

was 400 grams or more.

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

has been proved beyond a reasonable doubt, you should find the defendant guilty.

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

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

[17.17]

A person commits the offense of possession with intent to deliver a controlled substance

when she knowingly possesses with intent to deliver a substance containing a controlled

substance and the substance containing the controlled substance weighs one gram or more but

less than 15 grams.

[17.18]

To sustain the charge of possession with intent to deliver a controlled substance when the

substance containing the controlled substance weighed one gram or more but less than 15 grams,

the State must prove the following propositions:

First Proposition: That the defendant knowingly possessed with intent to deliver a

substance containing cocaine, a controlled substance; and

Second Proposition: That the weight of the substance containing the controlled substance

was one gram or more but less than 15 grams.

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

has been proved beyond a reasonable doubt, you should find the defendant guilty.

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

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

[17.27]

A person commits the offense of possession of a controlled substance when she

knowingly possesses a substance containing a controlled substance and the substance containing

the controlled substance weighs 400 grams or more.

[17.28]

To sustain the charge of possession of a controlled substance when the substance

containing the controlled substance weighed 400 grams or more, the State must prove the

following propositions:

First Proposition: That the defendant knowingly possessed a substance containing

cocaine, a controlled substance; and

Second Proposition: That the weight of the substance possessed was 400 grams or more.

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

has been proved beyond a reasonable doubt, you should find the defendant guilty.

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

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

[17.27]

A person commits the offense of possession of a controlled substance when she

knowingly possesses a substance containing a controlled substance and the substance containing

the controlled substance weighs one gram or more but less than 15 grams.

[17.28]

To sustain the charge of possession of a controlled substance when the substance

containing the controlled substance weighed one gram or more but less than 15 grams, the State

must prove the following propositions:

First Proposition: That the defendant knowingly possessed a substance containing

cocaine, a controlled substance; and

Second Proposition: That the weight of the substance possessed was one gram or more

but less than 15 grams.

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

has been proved beyond a reasonable doubt, you should find the defendant guilty.

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

has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

[26.01Q (modified)]

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 possession with intent to deliver 400 grams

or more of a substance containing cocaine. Under the law, a person charged with possession with

intent to deliver 400 grams or more of a substance containing cocaine may be found (1) not

guilty; or (2) guilty of possession with intent to deliver 400 grams or more of a substance

containing cocaine; or (3) guilty of possession with intent to deliver one gram or more but less

than 15 grams of a substance containing cocaine; or (4) guilty of possession of 400 grams or

more of a substance containing cocaine; or (5) guilty of possession of more than one gram but

less than 15 grams of a substance containing cocaine.

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

possession with intent to deliver 400 grams or more of a substance containing cocaine”, “guilty

of possession with intent to deliver one gram or more but less than 15 grams of a substance

containing cocaine”, “guilty of possession of 400 grams or more of a substance containing

cocaine”, and “guilty of possession of one gram or more but less than 15 grams of a substance

containing cocaine”.

From these five 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 four verdict forms. Sign only one of

these verdict forms.

If you find the State has proved the defendant guilty of both possession with intent to

deliver 400 grams or more of a substance containing cocaine and possession with intent to

deliver one gram or more but less than 15 grams of a substance containing cocaine, you should

select the verdict form finding the defendant guilty of possession with intent to deliver 400

grams or more of a substance containing cocaine and sign it as I have stated. Under these

circumstances, do not sign the verdict form finding the defendant guilty of possession with intent

to deliver one gram or more but less than 15 grams of a substance containing cocaine.

If you find that the State has not proved the defendant guilty of possession with intent to

deliver 400 grams or more of a substance containing cocaine, but you find that the State has

proved defendant guilty of possession with intent to deliver one gram or more but less than 15

grams of a substance containing cocaine, you should select the verdict form finding the

defendant guilty of possession with intent to deliver one gram or more but less than 15 grams of

a substance containing cocaine and sign it as I have stated. Under these circumstances, do not

sign either of the verdict forms finding the defendant guilty of possession of 400 grams or more

of a substance containing cocaine or guilty of possession of one gram or more but less than 15

grams of a substance containing cocaine.

If you find that the State has not proved the defendant guilty of either charge of

possession with intent to deliver a substance containing cocaine, but you find the State has

proved defendant guilty of both possession of 400 grams or more of a substance containing

cocaine and possession of one gram or more but less than 15 grams of a substance containing

cocaine, you should select the verdict form finding the defendant guilty of possession of 400

grams or more of a substance containing cocaine and sign it as I have stated. Under these

circumstances, do not sign the verdict form finding the defendant guilty of possession of one

gram or more but less than 15 grams of a substance containing cocaine.

[26.02]

We, the jury, find the defendant Karen Scott not guilty.

_____________________________

Foreperson

_____________________________

[Lines for eleven other jurors]

[26.05]

We, the jury, find the defendant Karen Scott guilty of possession with intent to deliver

400 grams or more of a substance containing cocaine.

_____________________________

Foreperson

_____________________________

[Lines for eleven other jurors]

[26.05]

We, the jury, find the defendant Karen Scott guilty of possession with intent to deliver

one gram or more but less than 15 grams of a substance containing cocaine.

_____________________________

Foreperson

_____________________________

[Lines for eleven other jurors]

[26.05]

We, the jury, find the defendant Karen Scott guilty of possession of 400 grams or more of

a substance containing cocaine.

_____________________________

Foreperson

_____________________________

[Lines for eleven other jurors]

[26.05]

We, the jury, find the defendant Karen Scott guilty of possession of one gram or more but

less than 15 grams of a substance containing cocaine.

_____________________________

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 27.07)

Alternative, Single Page, Multiple Verdict Form

We, the jury, find the defendant:

1. ____ Karen Scott not guilty. [26.02]

2. ____ Karen Scott guilty of possession with intent to deliver 400 grams or more of a

substance containing cocaine. [26.05]

3. ____ Karen Scott guilty of possession with intent to deliver one gram or more but less

than 15 grams of a substance containing cocaine. [26.05]

4. ____ Karen Scott guilty of possession of 400 grams or more of a substance containing

cocaine. [26.05]

5. ____ Karen Scott guilty of possession of one gram or more but less than 15 grams of a

substance containing cocaine. [26.05]

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

_____________________________

Foreperson

_____________________________

[Lines for eleven other jurors]