WPIC 21.01 Reimbursement of Defense Costs—Self-Defense Reimbursement—Oral Introductory Instruct...
11 WAPRAC WPIC 21.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 21.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IV. Defenses
WPIC CHAPTER 21. Reimbursement of Defense Costs
WPIC 21.01 Reimbursement of Defense Costs—Self-Defense Reimbursement—Oral Introductory Instruction
Based on your verdict in this case, there is an additional issue that the law requires you to decide.
The defendant has alleged that [he] [she] acted in self-defense. You will be asked to decide whether the defendant's use of force was [reasonably necessary to protect [[himself] [herself]] [or] [[[his] [her] [family] [or] [[real] [or] [personal] property]]]] [or] [[in aid of another who was [in imminent danger of] [or] [the victim of] [assault] [robbery] [kidnapping] [arson] [burglary] [rape] [murder] [(insert any other violent crime as defined in RCW 9.94A.030)]].
During your deliberations, you should consider the evidence presented to you in the first phase of this case. [[You will also hear and should consider additional evidence on this question in this next phase of the trial.] [You will not hear additional evidence on this question in this next phase of the trial.]]
Under our state law, if the defendant acted in self-defense, the defendant has the right to be reimbursed by the state of Washington for the reasonable cost of legal fees and expenses involved in [his] [her] defense as well as for loss of time.
This next phase of the trial differs in several ways from the phase you have already completed. First, the burden of proof is on the defendant. In order to receive reimbursement, the defendant must prove by a preponderance of the evidence that [he] [she] acted in self-defense. When it is said that a claim must be proved by a preponderance of the evidence, it means you must be persuaded, considering all of the evidence in the case, that the claim is more probably true than not true.
Second, the definition of lawful force is different for this phase of the trial. This time, you will apply an objective rather than a subjective standard. This means that the issue is whether a reasonably prudent person, under the same or similar conditions existing at the time of the incident, would have used the same degree of force as the defendant. You will receive additional instruction on this before you deliberate.
And finally, when you deliberate on this question, only [ten] [five] of you will need to agree.
Until you are in the jury room for those deliberations, you must not discuss the case with the other jurors or with anyone else, or remain within hearing of anyone discussing it. It is your duty as a jury to decide the facts in this case based upon the evidence presented to you during the entire proceeding.
Until you are dismissed at the end of this trial, you must continue to avoid outside sources such as newspapers, magazines, the internet, or radio or television broadcasts which may discuss this case or issues involved in this trial.
NOTE ON USE
This oral instruction should only be used in cases in which a defendant is claiming self-defense reimbursement under RCW 9A.16.110, and should not be used for reimbursement indemnification or reimbursement under RCW 9A.16.046 for the justified use of force. This instruction may be used as the transition between the main phase of the trial and the reimbursement phase.
Use bracketed language in paragraph 2 as applicable. If a crime is referenced in that paragraph that has not previously been defined for the jury, the court may wish to consider adding a definition of that crime in accord with the WPIC definition. For example, if the self-defense is offered to robbery, also use WPIC 37.50 (Robbery—Definition).
Use bracketed language in paragraph 3 as applicable dependent on whether or not additional evidence will be presented in this trial phase.
Do not use this instruction if the defendant is only seeking reimbursement indemnification or reimbursement pursuant to RCW 9A.16.046 for the justified use of force. Use WPIC 21.03 (Reimbursement of Defense Costs—Justified Force Reimbursement—Oral Introductory Instruction) for cases involving a police officer's claim for indemnification or reimbursement under RCW 9A.16.046 for justified use of force.
Use WPIC 21.02 (Reimbursement of Defense Costs—Self-Defense Reimbursement—Concluding Instruction) and WPIC 190.07 (Special Verdict Form—Self-Defense Reimbursement) with this instruction.
COMMENT
RCW 9A.16.110.
This oral introductory instruction, which was formerly identified as WPIC 17.06, has been revised and renumbered for this edition. At paragraph 1, the instruction now lists the situations in which the statute permits reimbursement for defense costs arising out of self-defense. RCW 9A.16.020. See WPIC 17.02 (Lawful Force—Defense of Self, Others, Property).
This instruction should only be used in cases in which defendant is claiming self-defense reimbursement under RCW 9A.16.110, and should not be used for reimbursement indemnification or reimbursement under RCW 9A.16.046 for the justified use of force.
This instruction is provided to assist judges to explain to jurors that their work is not completed with the not guilty verdict and to explain how the reimbursement phase differs from the first phase.
The entire instruction is designed for those cases in which the jurors will hear additional evidence before they receive the written instructions in the case. For these cases, jurors will need this oral instruction to give them a context for understanding the additional evidence.
For those cases in which no additional evidence will be offered, the judge may offer this instruction using the correct bracketed language in paragraph 3 of the instruction, or the court may proceed more directly to the written instruction (WPIC 21.02 (Reimbursement of Defense Costs—Self-Defense Reimbursement—Concluding Instruction)) and the special verdict form (WPIC 190.07 (Special Verdict Form—Self-Defense Reimbursement)).
For further discussion of issues relating to self-defense reimbursement proceedings, see the Introduction to Chapter 21, WPIC 21.00 (Reimbursement of Defense Costs—Introduction), Comments to WPIC 21.02 (Reimbursement of Defense Costs —Self-Defense Reimbursement—Concluding Instruction), and WPIC 190.07 (Special Verdict Form—Self-Defense Reimbursement).
[Current as of February 2020.]
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