Illinois Compiled Statutes
725 ILCS 5/115-1 (2026)
Method of Trial
✓ current as of May 2026
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(725 ILCS 5/115-1)
(from Ch. 38, par. 115-1)
Sec. 115-1.
Method of Trial.
All prosecutions except on a plea of guilty
or guilty but mentally ill shall be tried by the court and a jury unless
the defendant waives a jury trial in writing.
(Source: P.A. 87-410.)
Notes of Decisions
Cited in 58
cases (18 in the last 5 years), 1995–2026 · leading case: People v. Bannister, 902 N.E.2d 571 (Ill. 2008).
People v. Bannister, 902 N.E.2d 571 (Ill. 2008). “The statutory requirement of a written jury waiver (725 ILCS 5/115-1 (West 2006)) does not define or give substance to the constitutional right to choose whether to have a jury trial.”
People v. Hatcher, 2024 IL App (1st) 220455 (Ill. App. Ct. 2024). “; 725 ILCS 5/115-1 ( West 2018 ). For a jury waiver to be valid, it must be knowingly and understandingly made.”
People v. Maxey, 2016 IL App (1st) 130698 (Ill. App. Ct. 2016). “725 ILCS 5/115-1 (West 2010). 55 No. 1-13-0698 ¶ 121 The trial court has a duty to ensure that the defendant waived his right to a jury trial "expressly and understandingly.”
People v. Conway, 2019 IL App (2d) 170196 (Ill. App. Ct. 2019). “) 725 ILCS 5/115-1 (West 2016). Yet in People v.”
People v. Victors, 819 N.E.2d 311 (Ill. App. Ct. 2004). “725 ILCS 5/115-1 (West 2002). However, the failure to file a written jury waiver does not require reversal so long as the defendant's waiver was made in accordance with section 103-6 of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/103-6 (West 2002)).”
People v. Bochenek, 2020 IL App (2d) 170545 (Ill. App. Ct. 2020). “Illinois has codified the right to a jury trial (725 ILCS 5/115-1 (West 2014)), and a jury consists of 12 members (id.”
People v. Scott, 710 N.E.2d 833 (Ill. 1999). “" Section 103-6 of the Code of Criminal Procedure of 1963 (Code) provides that a bench trial may be held if the right to trial by jury is "understandingly waived by defendant in open court. " (Emphasis added.) 725 ILCS 5/103-6 (West 1992).”
People v. Foster, 2022 IL App (2d) 200098 (Ill. App. Ct. 2022). “” 725 ILCS 5/115-1 (West 2016). ¶ 29 While the trial court has a duty to ensure that a defendant’s waiver of his or her right to a jury trial is made expressly and understandingly, the court is not required to provide any particular admonition or information regarding that right.”
People v. Rincon, 900 N.E.2d 1192 (Ill. App. Ct. 2008). “Although a waiver should be in writing (see 725 ILCS 5/115-1(West 2006)), the lack of a writing may be harmless error.”
People v. Thornton, 843 N.E.2d 918 (Ill. App. Ct. 2006). “725 ILCS 5/115-1 (West 2000); People v. Scott, 186 Ill.”
People v. Stokes, 667 N.E.2d 600 (Ill. App. Ct. 1996). “725 ILCS 5/115-1 (West 1992). The defendant who challenges a jury waiver bears the burden of establishing that the waiver was invalid.”
People v. Brials, 732 N.E.2d 1109 (Ill. App. Ct. 2000). “" 725 ILCS 5/115-1 (West 1998). But failure to file a written jury waiver does not require reversal "so long as the defendant's waiver was made understandingly in accordance with section 103-6 of the Code of Criminal Procedure.”
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