People v. Mercado

In general, the Illinois Supreme Court Committee on Pattern Jury Instructions in Criminal Cases takes the position that an instruction on particular types of evidence should not be given unless some special guidance from the judge would be useful. Illinois Pattern Jury Instructions, Criminal, No. 3.15, Committee Note (3d ed. 1992). An exception is made when identification is an issue for the jury. Then, the jury is told to consider specific circumstances of identification. This case concerns use of the word “or” between each of the circumstances contained in the instruction.

Following a jury…