CBA Record

Alliance forWomenHappenings Increasing Energy &Managing Stress: Join the Alliance for a December committeemeeting focused on increasing your energy level and managing stress effectively on Friday, December 4 , 12:15-1:15 p.m., at the CBA Building, 321 South Plymouth Court, Chicago. Alliance forWomen Annual Holiday Party: Join the CBA’s Alliance forWomen for an annual holiday get together on December 15 , from 5:30-7:30 p.m., at the CBA Building, 321 S. Plymouth Court, Chicago, More details to come. RSVP to afw@chicagobar.org. Alliance for Women Holiday Gift Card Collection. The AFW will again be collecting gift cards for survivors of domestic violence who are receiving shelter this holiday season (until January 31, 2016) through Connections for Abused Women and Their Children. Suggested donations are for small denomination cards from stores like Target, Walgreens, CVS, Jewel-Osco, Walmart and more. Bring your donation to the AFWHoliday Party on December 15 or mail it to Angie Cruz, The Chicago Bar Association, 321 S. Plymouth Court, Chicago, IL 60604. contended that at some point a judge must step in when a jury expresses a basic misunderstanding of the reasonable doubt standard. He illustrated his point with a hypothetical jury question, asking a judge, “What is your definition of reason- able doubt? Can we flip a coin?” People v. Downs, 2015 IL 117934, oral argument (see http://www.illinoiscourts.gov/media/ on_demand.asp). The Court did not address the hypo- thetical during oral argument or in its opin- ion. But until the Court says otherwise, it appears a safe bet that every jury inquiry about reasonable doubt will be answered in the manner approved in Downs: “We cannot give you a definition of reasonable doubt; it is your duty to decide.” Raymond J. McKoski, is a retired Lake County, Illinois, Circuit Judge and currently serves as an adjunct professor at The John Marshall Law School.

own definition would lead the jury down the erroneous path of defining reasonable doubt in terms of percentages–and low percentages at that. The Court answered the appellate court’s concern in two ways. First, trial and review- ing courts should avoid “attempting to divine anything about the jury deliberative process” from questions about reasonable doubt. Second, if the trial judge told the jury that reasonable doubt is not defined in terms of percentages, that response would have, in effect, impermissibly provided a definition of reasonable doubt.” People v. Downs , 2015 IL 117934, ¶¶ 29-31. The message sent by the Illinois Supreme Court in Downs is unmistakable. Neither judges nor attorneys should attempt to define, explain, or illustrate the concept of reasonable doubt in jury instructions, in voir dire, in answer to jury questions, or during any other part of a trial. During oral argument in Downs, the defendant’s attorney, Jeffrey B. Kirkham,

Pro Bono Support

Are you looking for a pro bono opportunity that

fits your skills, interests and availability? The

CBF Pro Bono Support Program is here to help

connect you to meaningful pro bono volunteer

opportunities that are a good fit for you.To learn

more about potential volunteer opportunities,

viewour Pro Bono Opportunities Guide at www.

chicagobarfoundation.org/resources/pro-bono.

Contact Angela Inzano at the CBF Pro Bono

Support Programat ainzano@chicagobar.org or

312/554-4952 for assistance getting involved or

for hard copies of the Guide.

34 NOVEMBER 2015