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725 ILCS 5/115-1 – Trial by Jury

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Posted by Christopher Combs on April 24, 2026

725 ILCS 5/115-1 – Trial by Jury

This law explains that people accused of crimes usually get a trial with a jury unless they choose not to.

This statute says that when someone is charged with a crime in Illinois, they have the right to have a jury decide their case. If the person agrees in writing, they can instead have the judge decide without a jury.

Section 115-1. Method of Trial.

All criminal cases, except those where the defendant pleads guilty or guilty but mentally ill, must be tried by both the judge and a jury unless the defendant chooses to give up their right to a jury trial. To do this, the defendant must put their decision in writing.

View the full statute here.

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