Now, I
will instruct you on the third part of the instructions on the portions of the
Criminal Code that you must apply to the facts you find to determine whether
the State has proven beyond a reasonable doubt that the defendant violated a
specific criminal statute. The statute
read together with the indictment identifies the elements which the State must
prove beyond a reasonable doubt to establish the guilt of the defendant on each
of the counts in the indictment.
[CHARGE
IF APPLICABLE]
In
addition, you will have the opportunity to consider certain other offenses
besides those charged specifically in the indictment. These are what we call lesser offenses,
crimes or offenses of a lesser degree that are considered to be included within
the charges brought in the indictment. I will give you instructions about how
to consider these lesser offenses shortly.
[CHARGE
IF APPLICABLE]
MULTIPLE CHARGES
There are
_______________offenses charged in the indictment. They are separate offenses by separate counts
in the indictment. In your determination
of whether the State has proven the defendant guilty of the crimes charged in
the indictment beyond a reasonable doubt, the defendant is entitled to have
each count considered separately by the evidence which is relevant and material
to that particular charge based on the law as I will give it to you.
[CHARGE
IF APPLICABLE]
You must also return separate
verdicts for each defendant as to each of the charges being tried. In other words, you will have to decide each
case individually. Whether the verdicts
as to each defendant are the same depends on the evidence and your
determination as judges of the facts.
