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WPIC 36.54 Concluding Instruction—Special Verdict—Violation of Domestic Violence No-Contact or ...

11 WAPRAC WPIC 36.54Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 36.54 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 36. Harassment, Hate Crimes, and Domestic Violence
WPIC 36.54 Concluding Instruction—Special Verdict—Violation of Domestic Violence No-Contact or Protection Order—Enhanced Penalties
(WITHDRAWN)
COMMENT
Enhancing factors are normally included as elements and not be presented to the jury as special verdicts. See the discussion in Comment to WPIC 36.07.01 (Harassment—Felony—Definition). If the WPI Committee's recommendation is followed, there would be no need to instruct the jury regarding use of the special verdict forms. In any event, the language of the former WPIC 36.54 was simply a repetition of WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements) and was not tailored to violation of court order cases. WPIC 36.54 thus has been eliminated as redundant.
[Current as of April 2020.]
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