WPI 365.33 Sexually Violent Predators—Reasonable Doubt—Less Restrictive Alternative Trial (LRA)...
6A WAPRAC WPI 365.33Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 365.33 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 365. Involuntary Treatment—Sexually Violent Predators
WPI 365.33 Sexually Violent Predators—Reasonable Doubt—Less Restrictive Alternative Trial (LRA) / Conditional Release
The State has the burden of proving beyond a reasonable doubt that the proposed less restrictive alternative placement is either: (1) not in(name of respondent)'s best interests or (2) not adequate to protect the community.(Name of respondent)has no burden of establishing that a reasonable doubt exists.
A reasonable doubt is one for which a reason exists and may arise from the evidence or lack of evidence. It is such a doubt as would exist in the mind of a reasonable person after fully, fairly, and carefully considering all of the evidence or lack of evidence. [If, from such consideration, you have an abiding belief that the proposed less restrictive alternative placement is either not in the respondent's best interests, or not adequate to protect the community, you are satisfied beyond a reasonable doubt.]
NOTE ON USE
The first paragraph of this instruction must be used in every case.
If the jury is instructed in only one of two alternatives, paragraph one of this instruction should be modified.
In the second paragraph, the court must decide whether to use the bracketed sentence referring to an abiding belief. For further discussion about the definition of reasonable doubt, see the Comment to WPIC 4.01 (Burden of Proof—Presumption of Innocence—Reasonable Doubt).
COMMENT
The State must prove beyond a reasonable doubt that the respondent should not be released on a proposed less restrictive alternative. RCW 71.09.090.
For further discussion of the burden of proof in a trial proceeding under the SVPA, see Comment to WPI 365.11 (Sexually Violent Predators—Reasonable Doubt—Definition).
[Current as of October 2020.]
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