WPI 360.14 Behavioral Health Disorder—Respondent's Failure to Testify
6A WAPRAC WPI 360.14Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.14 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.14 Behavioral Health Disorder—Respondent's Failure to Testify
In an involuntary treatment proceeding, the respondent has a right to remain silent from the time of [his] [her] detention. A respondent may not be compelled to testify. The fact that(name of respondent)has exercised [his] [her] right to remain silent cannot be used to infer a mental disorder and should not prejudice [him] [her] in any way.
NOTE ON USE
Use this instruction if requested. See Comment.
COMMENT
Upon request, the respondent has a right to an instruction such as WPI 360.14. In re Detention of McLaughlin, 100 Wn.2d 832, 676 P.2d 444 (1984) (addressing the former version of this instruction, WPIC 200.14).
A person detained for involuntary mental illness treatment has the right to remain silent from the time of the initial detention and is not required to testify in court proceedings. See RCW 71.05.217; RCW 71.05.300; RCW 71.05.310.
[Current as of January 2021.]
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