People v. Gashi

(Court opinion corrected 4/24/15.) Defendant was convicted, after jury trial, of aggravated criminal sexual abuse. Court committed reversible error by telling jurors, during voir dire and after jury chosen but before trial began, that they could decide for themselves what "reasonable doubt" means.These statements sent an unconstitutional message to jurors that they had discretion to determine what "reasonable doubt" means. Based on totality of circumstances, reasonable likelihood that jury understood court's statements to allow them to find Defendant guilty based on standard of proof less than beyond a reasonable doubt. (McDADE, specially concurring; SCHMIDT, concurring in part and dissenting in part.)