Illinois Compiled Statutes
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725 ILCS 5/115-4
(725 ILCS 5/115-4)
(from Ch. 38, par. 115-4)
Trial by Court and Jury.)
(a) Questions of law shall be
decided by the court and questions of fact by the jury.
(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished with a list of
prospective jurors with their addresses if known.
(d) Each party may challenge jurors for cause.
If a prospective juror has a physical impairment, the court shall consider
such prospective juror's ability to perceive and appreciate the evidence
when considering a challenge for cause.
(e) A defendant tried alone shall be allowed 20 peremptory
challenges in a capital case, 10 in a case in which the punishment may
be imprisonment in the penitentiary, and 5 in all other cases; except
that, in a single trial of more than one defendant, each defendant shall
be allowed 12 peremptory challenges in a capital case, 6 in a case in
which the punishment may be imprisonment in the penitentiary, and 3 in
all other cases. If several charges against a defendant or defendants
are consolidated for trial, each defendant shall be allowed peremptory
challenges upon one charge only, which single charge shall be the charge
against that defendant authorizing the greatest maximum penalty. The
State shall be allowed the same number of peremptory challenges as all
of the defendants.
(f) After examination by the court the jurors may be examined,
passed upon, accepted and tendered by opposing counsel as provided by
Supreme Court rules.
(g) After the jury is impaneled and sworn the court may direct the
selection of 2 alternate jurors who shall take the same oath as the
regular jurors. Each party shall have one additional peremptory
challenge for each alternate juror. If before the final submission of a
cause a member of the jury dies or is discharged he shall be replaced by
an alternate juror in the order of selection.
(h) A trial by the court and jury shall be conducted in the presence
of the defendant unless he waives the right to be present.
(i) After arguments of counsel the court shall instruct the jury as
to the law.
(j) Unless the affirmative defense of insanity has been presented
during the trial, the jury shall return a general verdict as to each
offense charged. When the affirmative defense of insanity has been
presented during the trial, the court shall provide the jury not only
with general verdict forms but also with a special verdict form of not
guilty by reason of insanity, as to each offense charged, and in such
event the court shall separately instruct the jury that a special verdict
of not guilty by reason of insanity may be returned instead of a general
verdict but such special verdict requires a unanimous finding by the jury
that the defendant committed the acts charged but at the time of the
commission of those acts the defendant was insane. In the event of a
verdict of not guilty by reason of insanity, a hearing shall be held
pursuant to the Mental Health and Developmental Disabilities Code to
determine whether the defendant is subject to involuntary admission.
When the affirmative defense of insanity has been presented during the trial,
the court, where warranted by the evidence, shall also provide the jury
with a special verdict form of guilty but mentally ill, as to each offense
charged and shall separately instruct the jury that a special verdict of
guilty but mentally ill may be returned instead of a general verdict, but
that such special verdict requires a unanimous finding by the jury that:
(1) the State has proven beyond a reasonable doubt that the defendant is
guilty of the offense charged; and (2) the defendant has failed to prove
his insanity as required in subsection (b) of Section 3-2 of the Criminal
Code of 2012 and subsections (a), (b) and (e) of Section 6-2
of the Criminal Code of 2012; and (3) the defendant has proven
by a preponderance of the evidence that he was mentally ill, as defined in
subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
(k) When, at the close of the State's evidence or at the close of
all of the evidence, the evidence is insufficient to support a finding
or verdict of guilty the court may and on motion of the defendant shall
make a finding or direct the jury to return a verdict of not guilty,
enter a judgment of acquittal and discharge the defendant.
(l) When the jury retires to consider its verdict an officer of the
court shall be appointed to keep them together and to prevent
conversation between the jurors and others; however, if any juror is deaf,
the jury may be accompanied by and may communicate with a court-appointed
interpreter during its deliberations. Upon agreement between the
State and defendant or his counsel the jury may seal and deliver its
verdict to the clerk of the court, separate, and then return such
verdict in open court at its next session.
(m) In the trial of a capital or other offense, any juror who is a
member of a panel or jury which has been impaneled and sworn as a panel
or as a jury shall be permitted to separate from other such jurors
during every period of adjournment to a later day, until final
submission of the cause to the jury for determination, except that no
such separation shall be permitted in any trial after the court, upon
motion by the defendant or the State or upon its own motion, finds a
probability that prejudice to the defendant or to the State will result
from such separation.
(n) The members of the jury shall be entitled to take notes during the
trial, and the sheriff of the county in which the jury is sitting shall
provide them with writing materials for this purpose. Such notes shall
remain confidential, and shall be destroyed by the sheriff after the verdict
has been returned or a mistrial declared.
(o) A defendant tried by the court and jury shall only be found guilty,
guilty but mentally ill, not guilty or not guilty by reason of insanity,
upon the unanimous verdict of the jury.
(Source: P.A. 97-1150, eff. 1-25-13.)