ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/115-4 (2026)

Trial by Court and Jury

✓ current as of May 2026
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(725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
    Sec. 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.)

    
Notes of Decisions
Cited in 86 cases (26 in the last 5 years), 1993–2026 · leading case: People v. Moon, 2022 IL 125959 (Ill. 2022).
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People v. Moon, 2022 IL 125959 (Ill. 2022). “” Petit Juror Handbook, supra; see also 725 ILCS 5/115-4(g) (West 2018) (“After the jury is impaneled and sworn the court may direct the selection of 2 alternative jurors who shall take the same oath as the regular jurors.”
People v. Aljohani, 2021 IL App (1st) 190692 (Ill. App. Ct. 2021). · cites it 2× “¶ 77 Section 115-4(k) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(k) (West 2018)) governs motions for a directed finding.”
People v. Lantz, 712 N.E.2d 314 (Ill. 1999). · cites it 3× “*316 Justice MILLER delivered the opinion of the court: The common question in these consolidated appeals involves the constitutionality of the guilty but mentally ill (GBMI) statute, section 115-4(j) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(j) (West 1994)).…”
People v. Knaff, 752 N.E.2d 1123 (Ill. 2001). · cites it 2× “The defendant relies upon sections 3-3(b), 3-4(a)(l), and 3-4(b) of the Criminal Code of 1961 (the Code) (720 ILCS 5/3-3(b), 3-4(a)(l), (b) (West 1998)) and section 115-4(k) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(k) (West 1998)). Section 3-3(b) of the Code…”
People v. Williams, 721 N.E.2d 524 (Ill. 1999). · cites it 2× “See 725 ILCS 5/115-4(k) (West 1992). Following argument on the motion from both parties, the trial court stated: "I simply cannot find based on the evidence that's presented to me that the State even in the light most favorable to the State has met a prima facie case at this…”
People v. Brown, 2013 IL App (2d) 111228 (Ill. App. Ct. 2013). · cites it 4× “May 1, 1985) and section 115-4 of the Code of Criminal Procedure of -6- 1963 (725 ILCS 5/115-4 (West 2010)). As noted, those provisions do not convey a right to use peremptory challenges on sworn jurors, before or during trial.”
People v. Johnson, 2018 IL App (3d) 150352 (Ill. App. Ct. 2018). · cites it 2× “Defendant also seeks a new trial because the court violated section 115-4(n) of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-4(n) (West 2014) ) when it prohibited jurors from taking notes during trial.”
People v. Harris, 2020 IL App (3d) 160169 (Ill. App. Ct. 2020). · cites it 2× “2d at 124-25 . There can be no dispute as to that here.”
People v. McLaurin, 889 N.E.2d 1124 (Ill. App. Ct. 2008). · cites it 3× “2d 832 (1995); 725 ILCS 5/115-4(h) (West 2004) ("A trial by the court and jury shall be conducted in the presence of the defendant unless he waives the right to be present").”
People v. Ward, 2021 IL App (2d) 190243 (Ill. App. Ct. 2021). “2d 224, 230 (1981); 725 ILCS 5/115-4(k) (West 2018). In ruling on a motion for a directed verdict, the trial judge considers “only whether a reasonable mind could fairly conclude the guilt of the accused beyond a reasonable doubt, considering the evidence in a light most…”
People v. Wright, 723 N.E.2d 230 (Ill. 1999). “of interest because she served as defendant's attorney on the case in which Judge Komada had prosecuted defendant, and defendant's counsel on direct appeal was ineffective for failing to raise this issue; (4) defendant's trial counsel was ineffective for failing to investigate,…”
People v. Aljohani, 2020 IL App (1st) 190692 (Ill. App. Ct. 2020). · cites it 2× “¶ 77 Section 115-4(k) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(k) (West 2018)) governs motions for a directed finding.”
Show all 86 citing cases →
— 725 ILCS 5/115-4(a) — 3 cases
People v. Schneider, 2019 IL App (5th) 150106 (Ill. App. Ct. 2019).
People v. Schneider, 2019 IL App (5th) 150106 (Ill. App. Ct. 2019).
People v. Fowler (Ill. App. Ct. 2026).
— 725 ILCS 5/115-4(b) — 5 cases
People v. Barrier, 834 N.E.2d 616 (Ill. App. Ct. 2005).
People v. Jones, 2015 IL App (2d) 120717 (Ill. App. Ct. 2015).
People v. Dereadt, 2013 IL App (2d) 120323 (Ill. App. Ct. 2013).
People v. Dereadt, 2013 IL App (2d) 120323 (Ill. App. Ct. 2013).
People v. Jones, 2015 IL App (2d) 120717 (Ill. App. Ct. 2015).
— 725 ILCS 5/115-4(c) — 1 case
People v. Robinson, 619 N.E.2d 1359 (Ill. App. Ct. 1993).
— 725 ILCS 5/115-4(e) — 4 cases
People v. McNeal, 742 N.E.2d 269 (Ill. 2000).
People v. Brown, 2013 IL App (2d) 111228 (Ill. App. Ct. 2013). “May 1, 1985) and section 115-4 of the Code of Criminal Procedure of -6- 1963 (725 ILCS 5/115-4 (West 2010)). As noted, those provisions do not convey a right to use peremptory challenges on sworn jurors, before or during trial.”
People v. Nolan (Ill. App. Ct. 2002).
People v. Robinson (Ill. App. Ct. 1998).
— 725 ILCS 5/115-4(g) — 8 cases
People v. Moon, 2022 IL 125959 (Ill. 2022). “” Petit Juror Handbook, supra; see also 725 ILCS 5/115-4(g) (West 2018) (“After the jury is impaneled and sworn the court may direct the selection of 2 alternative jurors who shall take the same oath as the regular jurors.”
People v. Moon, 2020 IL App (1st) 170675 (Ill. App. Ct. 2021).
People v. Nelson, 2021 IL App (1st) 181483 (Ill. App. Ct. 2021).
People v. Brown, 2013 IL App (2d) 111228 (Ill. App. Ct. 2013). “May 1, 1985) and section 115-4 of the Code of Criminal Procedure of -6- 1963 (725 ILCS 5/115-4 (West 2010)). As noted, those provisions do not convey a right to use peremptory challenges on sworn jurors, before or during trial.”
People v. Nelson, 2021 IL App (1st) 181483 (Ill. App. Ct. 2021).
— 725 ILCS 5/115-4(h) — 2 cases
People v. McLaurin, 889 N.E.2d 1124 (Ill. App. Ct. 2008). “2d 832 (1995); 725 ILCS 5/115-4(h) (West 2004) ("A trial by the court and jury shall be conducted in the presence of the defendant unless he waives the right to be present").”
People v. McLaurin (Ill. App. Ct. 2008).
— 725 ILCS 5/115-4(j) — 15 cases
People v. Lantz, 712 N.E.2d 314 (Ill. 1999). “*316 Justice MILLER delivered the opinion of the court: The common question in these consolidated appeals involves the constitutionality of the guilty but mentally ill (GBMI) statute, section 115-4(j) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(j) (West 1994)).…”
People v. Wright, 723 N.E.2d 230 (Ill. 1999). “of interest because she served as defendant's attorney on the case in which Judge Komada had prosecuted defendant, and defendant's counsel on direct appeal was ineffective for failing to raise this issue; (4) defendant's trial counsel was ineffective for failing to investigate,…”
People v. Roberts, 814 N.E.2d 174 (Ill. App. Ct. 2004).
People v. Weeks, 2011 IL App (1st) 100395 (Ill. App. Ct. 2011).
People v. Harrison, 877 N.E.2d 432 (Ill. 2007).
— 725 ILCS 5/115-4(k) — 29 cases
People v. Aljohani, 2021 IL App (1st) 190692 (Ill. App. Ct. 2021). “¶ 77 Section 115-4(k) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(k) (West 2018)) governs motions for a directed finding.”
People v. Knaff, 752 N.E.2d 1123 (Ill. 2001). “The defendant relies upon sections 3-3(b), 3-4(a)(l), and 3-4(b) of the Criminal Code of 1961 (the Code) (720 ILCS 5/3-3(b), 3-4(a)(l), (b) (West 1998)) and section 115-4(k) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(k) (West 1998)). Section 3-3(b) of the Code…”
People v. Williams, 721 N.E.2d 524 (Ill. 1999). “See 725 ILCS 5/115-4(k) (West 1992). Following argument on the motion from both parties, the trial court stated: "I simply cannot find based on the evidence that's presented to me that the State even in the light most favorable to the State has met a prima facie case at this…”
People v. Ward, 2021 IL App (2d) 190243 (Ill. App. Ct. 2021). “2d 224, 230 (1981); 725 ILCS 5/115-4(k) (West 2018). In ruling on a motion for a directed verdict, the trial judge considers “only whether a reasonable mind could fairly conclude the guilt of the accused beyond a reasonable doubt, considering the evidence in a light most…”
People v. Aljohani, 2020 IL App (1st) 190692 (Ill. App. Ct. 2020). “¶ 77 Section 115-4(k) of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-4(k) (West 2018)) governs motions for a directed finding.”
— 725 ILCS 5/115-4(l) — 1 case
People v. Cetwinski, 2018 IL App (3d) 160174 (Ill. App. Ct. 2019).
— 725 ILCS 5/115-4(n) — 8 cases
People v. Johnson, 2018 IL App (3d) 150352 (Ill. App. Ct. 2018). “Defendant also seeks a new trial because the court violated section 115-4(n) of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-4(n) (West 2014) ) when it prohibited jurors from taking notes during trial.”
People v. Harris, 2020 IL App (3d) 160169 (Ill. App. Ct. 2020). “2d at 124-25 . There can be no dispute as to that here.”
People v. Johnson, 2018 IL App (3d) 150352 (Ill. App. Ct. 2018).
People v. Johnson, 2019 IL 123318 (Ill. 2019).
People v. Avalos, 2025 IL App (1st) 230874-U (Ill. App. Ct. 2025).
— 725 ILCS 5/115-4(o) — 4 cases
People v. Boston, 2018 IL App (1st) 140369 (Ill. App. Ct. 2018).
People v. Boston, 2018 IL App (1st) 140369 (Ill. App. Ct. 2020).
People v. Boston, 2017 IL App (1st) 140369 (Ill. App. Ct. 2017).
People v. Mohammad, 2023 IL App (1st) 211302-U (Ill. App. Ct. 2023).
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