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Rule21. Verdict.

 

(a)(1) Verdictoptions. For crimes committed on or after May 6, 2002, the verdict ofthe jury shall be either "guilty" or "not guilty,""not guilty by reason of insanity," "guilty and mentally ill atthe time of the offense," or "not guilty of the crime charged butguilty of a lesser included offense," or "not guilty of the crimecharged but guilty of a lesser included offense and mentally ill at the time ofthe offense," provided that when the defense of mental illness has beenasserted and the defendant is acquitted on the ground that the defendant wasinsane at the time of the commission of the offense charged, the verdict shallbe "not guilty by reason of insanity."

 

(a)(2) For crimescommitted before May 6, 2002, the defendant may elect to proceed undersubsection (a)(1) or under (a)(3).

 

(a)(3) For crimescommitted before May 6, 2002, unless the defendant elects to proceed undersubsection (a)(1), the verdict of the jury shall be either "guilty,""not guilty," "not guilty by reason of insanity,""guilty and mentally ill," "not guilty of the crime charged butguilty of a lesser included offense," or "not guilty of the crimecharged but guilty of a lesser included offense and mentally ill" providedthat when the defense of mental illness has been asserted and the defendant isacquitted on the ground that the defendant was insane at the time of thecommission of the offense charged, the verdict shall be "not guilty byreason of insanity."

 

(b) Unanimity. Theverdict shall be unanimous. It shall be returned by the jury to thejudge in open court and in the presence of the defendant and counsel. If thedefendant is voluntarily absent, the verdict may be received in thedefendant?s absence.

 

(c) Multipledefendants. If there are two or more defendants, the jury at any timeduring its deliberations may return a verdict or verdicts with respect to anydefendant as to whom it has agreed. If the jury cannot agree with respect toall, the defendant or defendants as to whom it does not agree may be triedagain.

 

(d) Multipleoffenses. When the defendant may be convicted of more thanone offense charged, each offense of which the defendant is convicted shall bestated separately in the verdict.

 

(e) Offensesincluded in charged offense. The jury may return a verdict of guiltyto the offense charged or to any offense necessarily included in the offensecharged or an attempt to commit either the offense charged or an offensenecessarily included therein.

 

(f) Polling thejury. When a verdict is returned and before it is recorded,the jury shall be polled at the request of any party or may be polled at thecourt's own instance. If, upon the poll, there is no unanimous concurrence, thejury may be directed to retire for further deliberations or may bedischarged. If the verdict is unanimous, it shall be recorded.

 

(g) Acquittal. Ifjudgment of acquittal is given on a verdict or the case is dismissedand the defendant is not detained for any other legal cause, the defendantshall be discharged as soon as the judgment is given. If a verdict ofguilty is returned, the court may order the defendant to be taken intocustody to await judgment on the verdict or may permit the defendant to remainon bail.

 

 

EffectiveNovember 1, 2003