People v. Zehr, 469 N.E.2d 1062 (Ill. 1984). · Go Syfert
People v. Zehr, 469 N.E.2d 1062 (Ill. 1984). Cases Citing This Book View Copy Cite
“zehr teaches that admonitions and instructions are no substitute for interrogation”
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Strongest positive: People v. Sebby (ill, 2018-01-30)
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examined Cited as authority (verbatim quote) People v. Sebby (4×) also: Cited as authority (rule), Cited "see"
Ill. · 2018 · quote attribution · 1 verbatim quote · confidence high
an instruction given at the end of the trial will have little curative effect
examined Cited as authority (quoted) People v. Anderson (4×) also: Cited "see"
Ill. App. Ct. · 2009 · quote attribution · 1 verbatim quote · confidence low
zehr teaches that admonitions and instructions are no substitute for interrogation
cited Cited as authority (rule) People v. Williams
Ill. App. Ct. · 2026 · confidence medium
July 1, 2012); People v. Zehr, 103 Ill. 2d 472, 477 (1984).
cited Cited as authority (rule) People v. Frakes
Ill. App. Ct. · 2026 · confidence medium
July 1, 2012) by failing to ask the potential jurors during voir dire whether they understood and accepted all four principles set forth in People v. Zehr, 103 Ill. 2d 472, 477 (1984).
cited Cited as authority (rule) People v. Humphries
Ill. App. Ct. · 2024 · confidence medium
July 1, 2012), commonly referred to as “the Zehr principles.” See People v. Zehr, 103 Ill. 2d 472, 477-78 (1984).
discussed Cited as authority (rule) People v. Turner
Ill. App. Ct. · 2024 · confidence medium
In July 2018, a jury convicted defendant of that offense, and in August 2018, the trial court sentenced him to 20 years in prison. ¶6 A. Defendant’s Initial Appeal ¶7 Defendant appealed, arguing that (1) the trial court did not properly question prospective jurors in accordance with the Zehr principles (see People v. Zehr, 103 Ill. 2d 472, 477 (1984)), (2) he did not receive effective assistance of counsel, (3) the State’s evidence was not sufficient to convict him, and (4) the court abused its discretion by sentencing him to 20 years in prison. ¶8 This court rejected all of these argum…
discussed Cited as authority (rule) People v. Smith
Ill. App. Ct. · 2023 · confidence medium
The first step under either prong of the plain-error doctrine involving an alleged Rule 431(b) violation is to assess if any error occurred (People v. Walker, 232 Ill. 2d 113, 124-25 (2009)), and our review is de novo (People v. Suarez, 224 Ill. 2d 37, 41-42 (2007)). ¶ 96 Rule 431(b) is a codification of our supreme court’s decision in People v. Zehr, 103 Ill. 2d 472, 476-78 (1984), which held that the trial court erred by refusing the defendant’s request to ask the venire about four fundamental principles of law.
discussed Cited as authority (rule) People v. Panknin (2×) also: Cited "see"
Ill. App. Ct. · 2023 · confidence medium
He contends that the trial court committed plain error when it (1) failed 2023 IL App (2d) 220213-U to follow up with a juror about her negative response to the Zehr propositions (see People v. Zehr, 103 Ill. 2d 472, 477 (1984)) and (2) denied defendant an opportunity to conduct recross- examination of the victim, Veronica Hamil.
discussed Cited as authority (rule) People v. Queen
Ill. App. Ct. · 2023 · confidence medium
These four principles are commonly known as the Zehr principles pursuant to People v. Zehr, 103 Ill. 2d 472, 477 (1984). ¶ 41 Following Zehr, its progeny, and the codification found at Rule 431(b), it is undisputed that failure to specifically inquire of the prospective jurors if they understood and accepted the four Zehr principle is error.
cited Cited as authority (rule) People v. Ruiz
Ill. App. Ct. · 2023 · confidence medium
July 1, 2012). ¶ 43 Rule 431(b) is based on the four principles articulated by our supreme court in People v. Zehr, 103 Ill. 2d 472, 477 (1984).
discussed Cited as authority (rule) People v. Lechuga
Ill. App. Ct. · 2023 · confidence medium
Rule 431(b) codifies People v. Zehr, 103 Ill. 2d 472, 477 (1984), and requires that the trial court ask each potential juror, individually or in a group, whether he or she understands and accepts the following four principles: (1) the defendant is presumed innocent of the charges; (2) the State must prove the defendant’s guilt beyond a reasonable doubt; (3) the defendant is not required to present any evidence in his defense; and (4) the defendant’s failure to testify may not be held against him.
discussed Cited as authority (rule) People v. Mitchell (2×)
Ill. App. Ct. · 2023 · confidence medium
At the trial’s conclusion, the jury found the defendant guilty of possession with intent to deliver a controlled substance. 1 See People v. Zehr, 103 Ill. 2d 472, 477 (1984), and its progeny.
discussed Cited as authority (rule) People v. Foster
Ill. App. Ct. · 2022 · confidence medium
Turning to the third issue, which we reviewed for prong-one plain error, we concluded that there was a Zehr violation (People v. Zehr, 103 Ill. 2d 472, 477-78 (1984)) and, because the evidence, though sufficient, was closely balanced, there was plain error.
discussed Cited as authority (rule) People v. Kennedy
Ill. App. Ct. · 2021 · confidence medium
Accordingly, defendant has forfeited review of this issue. ¶ 38 Next, defendant argues that he was denied a fair trial where, in denying his motion to excuse a juror for cause because he did not understand English, the trial court ignored the fact that Juror S misunderstood English at least three times during voir dire after he informed the court that he had difficulty understanding the constitutional principles enumerated in People v. Zehr, 103 Ill. 2d 472, 476 (1984). ¶ 39 Defendant admits that he failed to preserve this issue for review.
cited Cited as authority (rule) People v. Rodriguez
Ill. App. Ct. · 2021 · confidence medium
People v. Zehr, 103 Ill. 2d 472, 477 (1984).
discussed Cited as authority (rule) People v. Yarber
Ill. App. Ct. · 2021 · confidence medium
When 2 In People v. Zehr, 103 Ill. 2d 472, 477 (1984), the Illinois Supreme Court held that “essential to the qualification of jurors in a criminal case is that they know that a defendant is presumed innocent, that he is not required to offer any evidence in his own behalf, that he must be proved guilty beyond a reasonable doubt, and that his failure to testify in his own behalf cannot be held against him.” The “Zehr principles” were adopted in Illinois Supreme Court Rule 431(b) (eff.
discussed Cited as authority (rule) People v. Primm
Ill. App. Ct. · 2021 · confidence medium
Each of these specific questions “goes to the heart of a particular bias or prejudice which would deprive defendant of his right to a fair and impartial jury.” People v. Zehr, 103 Ill. 2d 472, 476 (1984).
discussed Cited as authority (rule) People v. Caraway
Ill. App. Ct. · 2021 · confidence medium
Each of these specific questions “goes to the heart of a particular bias or prejudice which would deprive defendant of his right to a fair and impartial jury.” People v. Zehr, 103 Ill. 2d 472, 476 (1984).
discussed Cited as authority (rule) People v. Nelson
Ill. App. Ct. · 2021 · confidence medium
Specifically, defendant argues that the State did not recover any prerecorded funds or heroin and the “officers’ testimony about the purported deal was improbable.” ¶ 26 The State, on the other hand, contends that IPI Criminal No. 1.01A and the court’s preliminary instructions prior to voir dire, which included the Zehr principles (see People v. Zehr, 103 Ill. 2d 472, 477 (1984)), were “affirmations—to fairly and impartially decide the case.” Because these affirmations “literally mirror the oath that is traditionally administered at the beginning of a trial,” the State argue…
discussed Cited as authority (rule) People v. Nelson
Ill. App. Ct. · 2021 · confidence medium
Specifically, defendant argues that the State did not recover any prerecorded funds or heroin and the “officers’ testimony about the purported deal was improbable.” ¶ 26 The State, on the other hand, contends that IPI Criminal No. 1.01A and the court’s preliminary instructions prior to voir dire, which included the Zehr principles (see People v. Zehr, 103 Ill. 2d 472, 477 (1984)), were “affirmations—to fairly and impartially decide the case.” Because these affirmations “literally mirror the oath that is traditionally administered at the beginning of a trial,” the State argue…
discussed Cited as authority (rule) People v. Hairston
Ill. App. Ct. · 2021 · confidence medium
July. 1, 2012) because the court grouped all four Zehr principles together (see People v. Zehr, 103 Ill. 2d 472, 477 , 469 N.E.2d 1062, 1064 (1984)) and (2) the State committed reversible error by defining reasonable doubt for the jury.
discussed Cited as authority (rule) People v. Birge (2×) also: Cited "see"
Ill. · 2021 · confidence medium
If a juror has a prejudice against any of these basic guarantees, an -9- instruction given at the end of the trial will have little curative effect.” People v. Zehr, 103 Ill. 2d 472, 477 (1984). ¶ 30 After setting forth the above-mentioned precepts, the Zehr court found that it was error not to submit to the prospective jurors the questions tendered by defense counsel during voir dire about these principles.
discussed Cited as authority (rule) People v. Whitney
Ill. App. Ct. · 2021 · confidence medium
Eppinger, 2013 IL 114121, ¶ 19 . ¶ 63 The Illinois Supreme Court adopted Rule 431(b) to ensure compliance with the requirements of People v. Zehr, 103 Ill. 2d 472, 476 , 469 N.E.2d 1062, 1063-64 (1984).
discussed Cited as authority (rule) People v. Turner
Ill. App. Ct. · 2020 · confidence medium
While acknowledging the trial court recited the four principles required by People v. Zehr, 103 Ill. 2d 472, 477 , 469 N.E.2d 1062, 1064 (1984), defendant argues “the court did not implement the specific question-and-response framework required by Illinois Supreme Court Rule 431(b), thereby failing to ascertain whether the potential jurors ‘accepted’ and ‘understood’ the Zehr principles.” Defendant takes issue with the fact the trial court asked whether any of the jurors “did not understand” and “did not accept” the Zehr principles. ¶ 22 Defendant did not object to the man…
discussed Cited as authority (rule) People v. Borizov
Ill. App. Ct. · 2020 · confidence medium
Defendant argues that the trial court’s failure to excuse this juror amounted to structural error and that, had the juror’s relationship been disclosed during voir dire, defendant would have used his remaining peremptory challenge on her. ¶ 24 In People v. Zehr, 103 Ill. 2d 472, 477 (1984), our supreme court held that “essential to the qualification of jurors in a criminal case is that they know” that the defendant (1) is presumed innocent, (2) is not required to offer any evidence on his or her own behalf, (3) must be proved guilty beyond a reasonable doubt, and (4) may decide not to…
discussed Cited as authority (rule) People v. Scott
Ill. App. Ct. · 2020 · confidence medium
In People v. Zehr, 103 Ill. 2d 472, 477 (1984), our supreme court stated that “essential to the qualification of jurors in a criminal case is that they know that a defendant is presumed innocent, that he is not required to offer any evidence in his own behalf, that he must be proved guilty beyond a reasonable doubt, and that his failure to testify in his own behalf cannot be held against him.” 13 No. 1-18-0200 These principles have been codified in Rule 431(b), which requires that during voir dire examination of prospective jurors: “The court shall ask each potential juror, individually …
discussed Cited as authority (rule) People v. Scott
Ill. App. Ct. · 2020 · confidence medium
In People v. Zehr, 103 Ill. 2d 472, 477 (1984), our supreme court stated that “essential to the qualification of jurors in a criminal case is that they know that a defendant is presumed innocent, that he is not required to offer any evidence in his own -8- behalf, that he must be proved guilty beyond a reasonable doubt, and that his failure to testify in his own behalf cannot be held against him.” These principles have been codified in Rule 431(b), which requires that during voir dire examination of prospective jurors: “The court shall ask each potential juror, individually or in a group…
discussed Cited as authority (rule) People v. Cross (2×) also: Cited "see"
Ill. App. Ct. · 2020 · confidence medium
July 1, 2012) when it asked the jurors whether they “agreed and accepted” the principles set forth in People v. Zehr, 103 Ill. 2d 472, 477 (1984), rather than asking whether they understood and accepted them. ¶ 152 Illinois Supreme Court Rule 431(b) (eff.
discussed Cited as authority (rule) People v. Gunn
Ill. App. Ct. · 2020 · confidence medium
The court asked defense counsel whether, pursuant to the principles outlined in People v. Zehr, 103 Ill. 2d 472, 477 , 469 N.E.2d 1062, 1064 (1984), and codified in Illinois Supreme Court Rule 431(b) (eff.
discussed Cited as authority (rule) People v. Craft
Ill. App. Ct. · 2020 · confidence medium
App. 3d 179, 181 (2007)). ¶ 10 Rule 431(b) is a codification of our supreme court’s decision in People v. Zehr, 103 Ill. 2d 472, 476-78 (1984), which held that the circuit court erred by refusing the defendant’s request to ask the venire about four fundamental principles of law.
discussed Cited as authority (rule) People v. Ashford
Ill. App. Ct. · 2020 · confidence medium
Defendant argues that first-prong plain error occurred when the trial court failed to properly admonish four jurors under Rule 431(b). ¶ 58 In People v. Zehr, 103 Ill. 2d 472, 477 (1984), our supreme court held that “essential to the qualification of jurors in a criminal case is that they know” that the defendant: (1) is presumed innocent; (2) is not required to offer any evidence on his own behalf; (3) must be proved guilty beyond a reasonable doubt; and (4) may decide not to testify on his own behalf and that cannot be held against him.
discussed Cited as authority (rule) Village of Round Lake v. Milroy
Ill. App. Ct. · 2020 · confidence medium
Rule 431(b) codified the principles laid out in People v. Zehr, 103 Ill. 2d 472, 477-78 (1984), and provides in relevant part: “The court shall ask each potential juror, individually or in a group, whether that juror understands and accepts the following principles: (1) that the defendant is presumed innocent of the charge(s) against him or her; (2) that before a defendant can be convicted the State must prove the defendant guilty beyond a reasonable doubt; (3) that the defendant is not required to offer any evidence on his or her behalf; and (4) that if a defendant does not testify it canno…
cited Cited as authority (rule) People v. Donlow
Ill. App. Ct. · 2020 · confidence medium
We agree with the State. -9- ¶ 62 The Illinois Supreme Court adopted Rule 431(b) to ensure compliance with the requirements of People v. Zehr, 103 Ill. 2d 472, 476 , 469 N.E.2d 1062, 1063-64 (1984).
discussed Cited as authority (rule) People v. Bates
Ill. App. Ct. · 2020 · confidence medium
In People v. Zehr, 103 Ill. 2d 472, 477 (1984), our supreme court stated that “essential to the qualification of jurors in a criminal case is that they know that a defendant is presumed innocent, that he is not required to offer any evidence in his own behalf, that he must be proved guilty beyond a reasonable doubt, and that his failure to testify in his own behalf cannot be held against him.” These principals have been codified in Rule 431(b), which requires that, during voir dire examination of prospective jurors: “The court shall ask each potential juror, individually or in a group, w…
examined Cited as authority (rule) Kazadi v. State (3×) also: Cited "see"
Md. · 2020 · confidence medium
In People v. Zehr, 469 N.E.2d 1062, 1063-64 (Ill. 1984), the Supreme Court of Illinois held that a trial court erred in declining to ask during voir dire whether the prospective jurors understood the presumption of innocence, the burden of proof, and the defendant’s right not to testify.
cited Cited as authority (rule) People v. Green-Hosey
Ill. App. Ct. · 2019 · confidence medium
Id.; see also People v. Wilmington, 2013 IL 112938, ¶ 32 ; People v. Zehr, 103 Ill. 2d 472, 477 (1984).
discussed Cited as authority (rule) People v. Brown (2×)
Ill. App. Ct. · 2019 · confidence medium
People v. Zehr, 103 Ill. 2d 472, 477 (1984). -2- ¶5 Thereafter, a jury was seated, and the presentation of evidence began.
discussed Cited as authority (rule) People v. Reveles-Cordova (2×) also: Cited "see"
Ill. App. Ct. · 2019 · confidence medium
July 1, 2012); Zehr, 103 Ill. 2d at 477 (1984). ¶ 34 Defendant argues, and the State concedes, that the trial court erred in failing to properly instruct the jury regarding the Zehr principles.
discussed Cited as authority (rule) People v. Jackson
Ill. App. Ct. · 2019 · confidence medium
The State concedes that the trial court erred but maintains that plain error review is unavailable because the evidence at trial was not closely balanced. ¶ 43 Rule 431(b), which codifies the principles set out in People v. Zehr, 103 Ill. 2d 472, 477-78 (1984), requires the trial court to ask each potential juror if he or she understands and accepts -9- four principles: (1) the defendant is presumed innocent of the charge(s) against him; (2) before a defendant can be convicted the State must prove the defendant guilty beyond a reasonable doubt; (3) the defendant is not required to offer any e…
discussed Cited as authority (rule) People v. Reveles-Cordova (2×) also: Cited "see"
Ill. App. Ct. · 2019 · confidence medium
July 1, 2012); Zehr, 103 Ill. 2d at 477 (1984). ¶ 34 Defendant argues, and the State concedes, that the trial court erred in failing to properly instruct the jury regarding the Zehr principles.
cited Cited as authority (rule) People v. Daniel
Ill. App. Ct. · 2018 · confidence medium
Walker, 232 Ill. 2d at 124 . ¶ 20 Rule 431(b) contains the four commonly known “Zehr principles.” See People v. Zehr, 103 Ill. 2d 472, 477 (1984).
discussed Cited as authority (rule) People v. McGuire
Ill. App. Ct. · 2018 · confidence medium
The court asked the State and defense counsel whether they believed that the prospective jurors had “been properly admonished as far as Zehr principles.” See People v. Zehr, 103 Ill. 2d 472, 476 , 469 N.E.2d 1062, 1063-64 (1984).
discussed Cited as authority (rule) People v. Brown (2×)
Ill. App. Ct. · 2017 · confidence medium
The trial court’s questioning of the venire concerning these four principles, which are commonly referred to as the Zehr principles, is intended to ensure compliance with People v. Zehr, 103 Ill. 2d 472, 477 (1984), which sought to end the practice where the judge made a broad statement of the applicable law followed by a general question concerning the juror’s willingness to follow the law.
discussed Cited as authority (rule) People v. Brown (2×)
Ill. App. Ct. · 2017 · confidence medium
The trial court’s questioning of the venire concerning these four principles, which are commonly referred to as the Zehr principles, is intended to ensure - 12 - No. 1-14-2197 compliance with People v. Zehr, 103 Ill. 2d 472, 477 (1984), which sought to end the practice where the judge made a broad statement of the applicable law followed by a general question concerning the juror’s willingness to follow the law.
discussed Cited as authority (rule) People v. Mueller
Ill. App. Ct. · 2015 · confidence medium
She stated that they would “watch our customers for anyone who gives signs,” and that sometimes they would monitor the closed-circuit system from the “camera room” and other times would do “walk-abouts” on the sales floor and follow 1 See People v. Zehr, 103 Ill. 2d 472, 477 (1984).
discussed Cited as authority (rule) People v. Mueller
Ill. App. Ct. · 2015 · confidence medium
Counsel for the defendant did not object to the content of the trial judge's voir dire questioning. ¶4 In her opening statement, counsel for the State described the offense the defendant was alleged to have committed, which was the theft of two men's winter coats, and told the jury that it would "be able to see the video surveillance that took place that day," and that it would "be able to watch the defendant pick up merchandise from the store and exit the doors without paying for the coats." The State also told the jury that it would hear 1 See People v. Zehr, 103 Ill. 2d 472, 477 (1984).
discussed Cited as authority (rule) People v. Richardson
Ill. App. Ct. · 2015 · confidence medium
Further, no one seriously challenged Assistant State’s Attorney Heil when he said he did not take notes of his questioning of the defendant before the video, yet Heil had a sequence of events lined up so neatly that his leading questions just marched along so that all the defendant had to do was agree with Heil on the details. - 38 - ¶ 266 Neither the defense attorney nor the appellate attorney challenged the trial court’s statement that its decision was based in part on the fact that the mother said the police only got upset when she said she wanted to go home, when in fact it was the mo…
discussed Cited as authority (rule) People v. Richardson
Ill. App. Ct. · 2015 · confidence medium
Further, no one seriously challenged Assistant State's Attorney Heil when he said he did not take notes of his questioning of the defendant before the video, yet Heil had a sequence of events lined up so neatly that his leading questions just marched along so that all the defendant had to do was agree with Heil on the details. ¶ 266 Neither the defense attorney nor the appellate attorney challenged the trial court's statement that its decision was based in part on the fact that the mother said the police only got upset when she said she wanted to go home, when in fact it was the mother's test…
discussed Cited as authority (rule) United States ex rel. Montgomery v. Butler
N.D. Ill. · 2015 · confidence medium
Basically Montgomery complains that prospective jurors should have been asked both (1) whether they accepted and (2) whether they understood the fundamental guaranties that had been set forth in People v. Zehr, 103 Ill.2d 472, 477 , 83 Ill.Dec. 128 , 469 N.E.2d 1062, 1064 (1984).
discussed Cited as authority (rule) People v. Belknap
Ill. · 2015 · confidence medium
I expressed the view in Thompson that the court’s decision was a de facto overruling, without acknowledgement or justification, of People v. Zehr, which had held that the questions set forth in Rule 431(b) were “vital to the selection of a fair and impartial jury.” People v. Zehr, 103 Ill. 2d 472, 477 (1984).
The PEOPLE OF THE STATE OF ILLINOIS, Appellant,
v.
KENNETH ZEHR, Appellee
57683.
Illinois Supreme Court.
Sep 28, 1984.
469 N.E.2d 1062
Neil F. Hartigan and Tyrone C. Fahner, Attorneys General, of Springfield, and Gary L. Peterlin, State’s Attorney, of Ottawa (Michael B. Weinstein, David E. Bindi and Mark L. Rotert, Assistant Attorneys General, of Chicago, and John X. Breslin and Terry A Mertel, of the State’s Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People., Robert Agostinelli, Deputy Defender, and Peter A. Carusona, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa (James Leo Keely, of counsel), for appellee.
Goldenhersh, Ryan, Underwood.
Cited by 504 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 89%
Citer courts: Appellate Court of Illinois (1)

Lead Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

In an indictment returned in the circuit court of La Salle County, defendant, Kenneth Zehr, was charged with home invasion, burglary, and aggravated battery (Ill. Rev. Stat. 1979, ch. 38, pars. 12-ll(a)(2), 19-1, 12 — 4(b)(10)) and in a jury trial was convicted of all three offenses. Defendant was sentenced to concurrent terms of imprisonment of 22 years for the home invasion, six years for the burglary, and SVz years for the aggravated battery. The appellate court reversed and remanded for a new trial (110 Ill. App. 3d 458), and we allowed the People’s petition for leave to appeal (87 Ill. 2d R. 315).

In reversing the judgment, the appellate court held that the circuit court had abused its discretion in refusing to include in its voir dire examination of the jury three questions submitted by defendant, and that it had erred in permitting the use of the videotaped deposition of Mrs. Hazel Fox, the complaining witness.

Mrs. Fox testified that on the evening of October 27, 1980, defendant and another person came to her house and attempted to talk to her about an old car that she had for sale. She refused their request that she come outside and show them the car, and they left. Later, at approximately 1 o’clock on the morning of the 28th, she went to the basement of her house to check the furnace. As she approached the furnace, she heard a rustling noise behind a shower curtain in the downstairs bathroom. Defendant and the man who was with him earlier then showed themselves in the doorway of the bathroom, and after they paused for a second, defendant knocked off her glasses, effectively blinding her. She was restrained with clothesline wire, knocked to the floor, and gagged. She stated that defendant, in an attempt to suffocate her, pushed her face and head into some bedding. Defendant and his companion left her in the basement and went upstairs. They returned to the basement, and defendant kicked and pushed her again. Defendant left her, went upstairs, and then returned to push and kick her three more times. After the last pushing-and-kicking incident, she heard what she believed to be defendant’s truck being driven away. She removed the restraints from her wrists and ankles and, upon doing so, crawled up to her bedroom, found a spare pair of glasses, and telephoned for help.

The People adduced testimony that defendant was in possession of certain items that Mrs. Fox testified were missing from her house, and that, in a police lineup, she identified defendant as the man who had attacked her. Defendant introduced testimony that he was in possession of the items prior to the date of the alleged burglary and that his truck, which Mrs. Fox said she had heard being driven from her home, was in the shop at that time. Defendant did not testify.

The supplemental questions tendered by defendant were:

“1. If at the close of all the evidence and after you have heard arguments of counsel you believe that the State has failed to sustain the burden of proof and has failed to prove the defendant guilty beyond a reasonable doubt, would you have any hesitation whatsoever in returning a verdict of Not Guilty?
2. If the defendant, Mr. Zehr, decides not to testify in his own behalf, would you hold it against him?
3. Do you understand that the defendant is presumed innocent and does not have to offer any evidence in his own behalf, but must be proven guilty beyond a reasonable doubt by the State?”

Supreme Court Rule 234 provides:

“The court shall conduct the voir dire examination of prospective jurors by putting to them questions it thinks appropriate touching their qualifications to serve as jurors in the case on trial. The court may permit the parties to submit additional questions to it for further inquiry if it thinks they are appropriate, or may permit the parties to supplement the examination by such direct inquiry as the court deems proper. Questions shall not directly or indirectly concern matters of law or instructions.” 87 Ill. 2d R. 234.

The People contend that because the questions pertained to matters of law or instructions, the circuit court correctly refused to ask them. They argue that the given instructions adequately advised the jurors concerning the burden of proof and the presumption of innocence (Illinois Pattern Jury Instruction (IPI), Criminal, No. 2.03 (2d ed. 1981)) and that they should not consider the fact that the defendant did not testify (IPI Criminal No. 2.04). They point out, too, that the jurors were asked whether they would follow the law as given them by the court even though they might personally disagree with it and whether any reason, moral, religious or otherwise, would prevent their being fair and impartial. Defendant argues that assuming that the questions pertain indirectly to questions of law “each of them goes to the heart of a particular bias or prejudice.”

We are of the opinion that essential to the qualification of jurors in a criminal case is that they know that a defendant is presumed innocent, that he is not required to offer any evidence in his own behalf, that he must be proved guilty beyond a reasonable doubt, and that his failure to testify in his own behalf cannot be held against him. If a juror has a prejudice against any of these basic guarantees, an instruction given at the end of the trial will have little curative effect. It is also vital to the selection of a fair and impartial jury that a juror who finds that the State has failed to sustain its burden of proof of guilt beyond a reasonable doubt have no prejudices against returning a verdict of not guilty. We note parenthetically that it is equally important that a juror who finds that the State has sustained its burden of proof have no prejudice against returning a verdict of guilty. We agree with the appellate court that “[e]ach of these questions goes to the heart of a particular bias or prejudice which would deprive defendant of his right to a fair and impartial jury” (110 Ill. App. 3d 458, 461), and although they need not have been asked in precisely the form submitted, the subject matter of the questions should have been covered in the course of interrogation on voir dire. The refusal to ask the questions resulted in prejudicial error which required reversal of the judgment.

Because the cause is remanded for a new trial we deem it essential to consider the question of the use of the videotaped deposition. Approximately two weeks before trial, the People filed a motion for the taking of the videotaped evidence deposition of Hazel Fox, the victim and only eyewitness to the crimes. The People stated that Mrs. Fox was a cardiac patient receiving medical care, and argued that, because of her deteriorating health and the possibility that she might be unavailable to testify at trial, a deposition was necessary to preserve her testimony. The People asserted that a videotaped deposition was necessary to show the demeanor of the witness while testifying. Defendant contended that a deposition was unnecessary and that the videotape, if it were shown at the trial, would call undue attention to Mrs. Fox’ testimony.

The circuit court allowed the People’s motion and ordered the deposition taken by videotape and transcribed by a court reporter. Both parties participated in the deposition. The deposition was taken on August 1, 1981, in the courtroom with the trial judge present. On August 11, 1981, the morning of the trial, the People moved to admit the videotaped evidence deposition in lieu of Mrs. Fox’ live testimony. In support of the motion, the victim’s treating physician, Dr. Anton Giger, testified that he had known Mrs. Fox since June 1981, when he had taken over the practice of Dr. Maierhofer, who had been her physician for many years. Dr. Giger had seen Mrs. Fox on the morning of August 10, apparently for the first time since June 8. On August 10 she was complaining of chest discomfort and shortness of breath. At that time he considered her to be “in moderate distress.” He was of the opinion that there had been some deterioration in her physical condition since June 8. He had -also seen her on the morning of August 11. There was no prospect of improvement in her condition, and the best that could be expected was that there would be no further deterioration. In his opinion, Mrs. Fox would not at any time in the future be in sufficiently good condition physically to testify.

On cross-examination, Dr. Giger expressed surprise that Mrs. Fox had been able to appear for deposition on August 1. On further questioning, he agreed that, if she were observed for a period of two weeks, it could be determined whether her condition had improved sufficiently so that she could appear and testify. Defendant presented no evidence in opposition to the motion but requested that the cause be continued to allow further observation of Mrs. Fox’ condition. Defendant’s motion was denied, and the People’s motion to admit the videotaped deposition was allowed.

The People contend that the appellate court erred in holding that the admission of the videotape was reversible error. They argue that they had shown “good cause” under Rule 206(e) (87 Ill. 2d R. 206(e)) to allow the admission of the videotape. They assert that, since Mrs. Fox was the sole occurrence witness and victim, it was especially important for the jury to be able to observe her demeanor while testifying. They argue, too, that defendant raised no questions concerning the accuracy of the videotape, and cite numerous cases to show that videotaped depositions are gaining widespread acceptance in other courts.

Defendant points out that if witness demeanor is sufficient to establish “good cause,” such “good cause” would be present in every deposition. Defendant also contends that neither a written nor a videotaped deposition was properly admissible into evidence since it was not shown that Mrs. Fox would not be able to testify at a later date.

The taking of evidence depositions in criminal cases is governed by the rules relevant to evidence depositions in civil cases. (87 Ill. 2d R. 414(b).) The provision here pertinent is:

“The testimony shall be taken stenographically or by sound-recording device, and upon agreement of the parties, or by order of the court for good cause shown, may be taken by audio-visual recording device. The testimony shall be transcribed at the request of any party.” (87 Ill. 2d R. 206(e).)

Rule 206(e) permits the taking and use of depositions by the usual court reporting methods (in written or audio form) but requires the agreement of the parties or “order of the court for good cause shown” for the use of a videotape recording device. The only reason offered by the People for its use was to enable the jury to view the witness’ demeanor. Although, as noted by the appellate court (110 Ill. App. 3d 458, 460), the jury may possibly be in a better position to observe the witness’ demeanor by means of videotape, that reason would be present in virtually every case where a witness is unavailable. It is the opinion of Justices Ward and Clark and the author of this opinion that witness demeanor alone, as a reason for the use of videotape, would render the “good cause” requirement in the rule meaningless, and that while the viewing of a witness by the jury may possibly be of importance in some cases, the circumstances here do not show the “good cause” required by the rule. A majority of the court, however, holds that the determination of the question whether to permit use of the videotaped deposition was within the discretion of the circuit court and that the record shows no abuse of discretion. The holding of the appellate court with respect to the use of the deposition was therefore in error.

Defendant contends too that the use of any deposition of Mrs. Fox at trial was improper because it was not proved that she would not be available at a later date. There was sufficient evidence to sustain a finding that Mrs. Fox could not appear on August 11, 1981, and the question presented was whether the court erred in denying defendant’s motion to continue the cause for two weeks in order to permit Dr. Giger to further observe Mrs. Fox’ condition. A motion for continuance is addressed to the sound discretion of the circuit court, and. no abuse of discretion is shown by this record.

Defendant contends that the testimony of a deputy sheriff that there was an older “mug shot” of defendant on file denied him a fair trial. The record shows that the single reference to the “mug shot” was elicited on cross-examination, there was no further reference to it, and defendant did not. object, move to strike the statement, or request a mistrial. While it is true that testimony which implies prior criminal activity is ordinarily inadmissible, any error here was harmless or waived.

For the reasons stated, the judgment of the appellate court is affirmed, and the cause is remanded to the circuit court of La Salle County for a new trial.

Affirmed and remanded.

Dissent

CHIEF JUSTICE RYAN,

dissenting:

I must dissent from the holding that the trial court erred in not asking the jury the questions submitted by the defendant. The opinion quotes Rule 234 (87 Ill. 2d R. 234), which, in the last sentence, provides:

“Questions shall not directly or indirectly concern matters of law or instructions.”

The three questions defendant submitted are set forth in the opinion. The first relates to the State’s duty to prove the defendant guilty beyond a reasonable doubt. The second relates to the drawing of inferences from defendant’s failure to testify. The third relates to the presumption of innocence. The first and third questions are covered by Illinois Pattern Jury Instruction (IPI), Criminal, No. 2.03 (2d ed. 1971), which was given by the court. That instruction covers the presumption of innocence and the burden of the State to prove the defendant guilty beyond a reasonable doubt. The second question tendered is covered by IPI Criminal No. 2.04, which instructs the jury that the fact that the defendant did not testify cannot be considered in any way in arriving at the verdict. Thus, all three questions tendered by the defendant were covered by instructions on the law that were given to the jury by the court. The judge was thus precluded by our Rule 234 (87 Ill. 2d R. 234) from entertaining the questions tendered. He complied with our rule. Now, a majority of this court holds that the trial court erred in following our rule and conducting a voir dire examination in the very manner this court has directed.

The lengthy discussion contained in historical and practice notes to Rule 234 contained in Smith-Hurd Annotated Statutes (Ill. Ann. Stat., ch. 110A, par. 234, Historical and Practice Notes, at 258 (Smith-Hurd 1968)) reveals that the rationale of this rule is to prohibit the asking of questions of the type tendered by the defendant. The holding of this court today could well lead to a return to the very practice which Rule 234 was designed to eliminate. Those of us who presided as trial judges prior to the adoption of Rule 234 can well remember the interminable voir dire examinations conducted by counsel for both sides who propounded questions on the law in a manner slanted to benefit the side propounding the questions. In our case, if the defendant is entitled to have the questions submitted asked, then, of course, the prosecution has a right to also propound questions relating to the law, possibly exploring the reverse side of the same legal proposition by submitting a question phrased in a manner favorable to the prosecution. Also, by opening the door, as this opinion does, both sides are invited to tender, and the judge is obliged to propound to the jury, questions on any number of questions of law that may be involved in a case.

Rule 234 has performed the role for which it was designed in a very satisfactory manner. It should not be forsaken, but should be applied as the trial judge applied it in this case. For these reasons, I cannot agree with my colleagues that the trial court erred in not propounding to the jury the three questions tendered by the defendant.

JUSTICE UNDERWOOD joins in this dissent.