Defendant was found guilty of domestic battery; however, the circuit court failed to administer a trial oath to the jury prior to the verdict. Defendant did not object and raised the issue for the first time in her posttrial motion. The trial court denied the motion, finding the error was harmless. The appellate court affirmed on the basis that defendant forfeited the issue. The Supreme Court reversed, exercising its discretion under the second prong of the plain error rule on the basis that upholding a conviction before an unsworn jury would undermine the integrity of the criminal justice system. The court remanded for a new trial, finding that a second trial was not precluded by double jeopardy because jeopardy did not attach where the jury was not administered a trial oath. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, MICHAEL J. BURKE, and CARTER, concurring)
Illinois Supreme Court
Criminal Court
Jury Oath