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WPIC 4.77 Stipulation as to Undisputed Facts or Elements of Offense

11 WAPRAC WPIC 4.77Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.77 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
WPIC CHAPTER 4.60. Miscellaneous Instructions During Trial
WPIC 4.77 Stipulation as to Undisputed Facts or Elements of Offense
The parties have agreed that certain facts are true. You must accept as true the following facts:
(The judge or attorney should read the admitted evidence.)
Use this oral instruction where the parties have stipulated that a fact has been conclusively established.
For stipulations to the admissibility of evidence, use WPIC 4.76 (Stipulation as to Admission of Evidence) instead of this instruction. For stipulations to prior offenses, use WPIC 4.78. (Stipulation of Prior Offense (“Old Chief Stipulation”)).
Parties frequently stipulate to all kinds of undisputed facts, such as the absence of fingerprints on a weapon. The instruction informs jurors that they must treat these facts differently than other facts in the case, as the jurors must accept the stipulated facts as true.
A criminal defendant cannot force the prosecution to accept a stipulation to facts other than the existence of a prior conviction. See, e.g., State v. Finch, 137 Wn.2d 792, 975 P.2d 967 (1999) (State is not required to accept defendant's offer to stipulate to identity of murder victim to render “in life” photographs irrelevant). As stated by the United States Supreme Court, “a defendant's Rule 403 objection offering to concede a point generally cannot prevail over the Government's choice to offer evidence showing guilt and all the circumstances surrounding the offense.” Old Chief v. United States, 519 U.S. 172, 183, 117 S. Ct. 644, 136 L. Ed. 2d. 574 (1997).
[Current as of May 2019.]
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