People v. Benford

In People v. Benford, 349 Ill. App. 3d 721, 812 N.E.2d 714, 285 Ill. Dec. 894 (2004), the trial court neglected to inform the jurors that the defendant's failure to testify cannot be held against him; however, it did explain the presumption of innocence, the state's burden to prove the defendant guilty, and that the defendant is not required to offer any evidence in his own behalf. The court did not inquire of the jurors individually as to whether they could abide by the legal principles, nor did defense counsel request the court to inquire. Nevertheless, this court found that the defendant did not suffer from ineffective assistance of counsel: "Under Rule 431(b) and Zehr, defendant's decision to ask jurors individually as to whether they understand and accept the principles of law is not mandatory, but optional." Benford, 349 Ill. App. 3d at 733. "Here, defense counsel elected not to exercise his right to pose individual questions." Benford, 349 Ill. App. 3d at 733.