jury finds mitigating factors in Illinois

1991Defendant next contends that he was denied a fair sentencing hearing because the trial court failed to give his proposed jury instruction (applicable to one convicted of multiple murders): “If you do not find the death penalty appropriate, the defendant will be sentenced by the court to a sentence of natural life without parole.” In arguing that the tendered instruction should have been given, defendant relies on People v. Gacho (1988), 122 Ill. 2d 221 , where the court held that: “[a]n instruction in the case of multiple murders should state that if the jury finds mitigating factors sufficien

1991This court has stated that, in a multiple-murder situation, a jury must be instructed that the only alternative to a death sentence is natural life without the possibility of parole: “An instruction in the case of multiple murders should state that if the jury finds mitigating factors sufficient to preclude imposition of the death penalty, the defendant will be sentenced to natural life imprisonment, and no person serving a term of natural life imprisonment can be paroled or released, except through executive clemency.” People v. Gacho (1988), 122 Ill. 2d 221, 262 .

1989This court has recently held that: “An instruction in the case of multiple murders should state that if the jury finds mitigating factors sufficient to preclude imposition of the death penalty, the defendant will be sentenced to natural life imprisonment, and no person serving a term of natural life imprisonment can be paroled or released, except through executive clemency.” (People v. Gacho (1988), 122 Ill. 2d 221, 262 .) The new rule announced in Gacho was held to be prospective only (Gacho, 122 Ill. 2d at 263 ); therefore, the trial court properly instructed the jury in accordance with exis

1989In People v. Albanese (1984), 102 Ill. 2d 54, 81 , this court upheld a jury instruction stating that the alternative to the death penalty was “imprisonment.” Later, however, in People v. Gacho (1988), 122 Ill. 2d 221, 262 , this court held that in cases involving multiple murders, an instruction should be given that if the jury finds mitigating factors sufficient to preclude the imposition of the death penalty, the defendant will be sentenced to natural life imprisonment and no person serving such a sentence can be paroled or released except through executive clemency.

1990(Gacho, 122 Ill. 2d at 263 ; People v. Spreitzer (1988), 123 Ill. 2d 1, 43-44 .) At the defendant’s sentencing hearing, which took place before our decision in Gacho, the circuit court properly instructed the jury in accordance with existing law.

1989(Gacho, 122 Ill. 2d at 263 ; People v. Spreitzer (1988), 123 Ill. 2d 1, 43-44 .) At the defendant’s sentencing hearing, which took place before our decision in Gacho, the circuit court properly instructed the jury in accordance with existing law.

1989This court has recently held that: "An instruction in the case of multiple murders should state that if the jury finds mitigating factors sufficient to preclude imposition of the death penalty, the defendant will be sentenced to natural life imprisonment, and no person serving a term of natural life imprisonment can be paroled or released, except through executive clemency." ( People v. Gacho (1988), 122 Ill.2d 221, 262 .) The new rule announced in Gacho was held to be prospective only ( Gacho, 122 Ill.2d at 263 ); therefore, the trial court properly instructed the jury in accordance with exis

1989This court has recently held that: “An instruction in the case of multiple murders should state that if the jury finds mitigating factors sufficient to preclude imposition of the death penalty, the defendant will be sentenced to natural life imprisonment, and no person serving a term of natural life imprisonment can be paroled or released, except through executive clemency.” (People v. Gacho (1988), 122 Ill. 2d 221, 262 .) The new rule announced in Gacho was held to be prospective only (Gacho, 122 Ill. 2d at 263 ); therefore, the trial court properly instructed the jury in accordance with exis

1989Jerry argues that the Supreme Court’s recent decision in Griffith v. Kentucky (1987), 479 U.S. 314 , 93 L.

1989Jerry argues that the Supreme Court’s recent decision in Griffith v. Kentucky (1987), 479 U.S. 314 , 93 L.

1988The State argues that the instruction was adequate, for this court in People v. Albanese (1984), 102 Ill.2d 54, 81 , cert. denied (1984), 469 U.S. 892 , 83 L.Ed.2d 205 , 105 S.Ct. 268 , and in People v. Stewart (1984), 105 Ill.2d 22, 71 , cert. denied (1985), 471 U.S. 1131 , 86 L.Ed.2d 283 , 105 S.Ct. 2666 , held that there was no error in giving this standard IPI instruction without informing the jury that natural life imprisonment was the only statutory alternative to the death penalty for a multiple murderer. *261 The Court of Appeals for the Fifth Circuit, in King v. Lynaugh (1987), 828 F.