11 WAPRAC PREMATWashington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. Preliminary Materials
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
The Washington Pattern Jury Instruction Committee operates under the auspices of the Washington Supreme Court, which appoints committee members from nominees submitted by the Superior Court Judges' Association, the District and Municipal Court Judges' Association, the Washington State Bar Association, the Washington Association of Prosecuting Attorneys, the Washington Defenders' Association, the Washington Association of Criminal Defense Lawyers, the Washington State Association for Justice, the Washington Defense Trial Lawyers, and the University of Washington, Seattle University, and Gonzaga University law schools, and the Administrative Office of the Courts. The Supreme Court also provides oversight for the Committee's financial affairs. While often commending the Committee's work to the bench and bar, the Court does not review or formally adopt the instructions. The Court of Appeals and the Supreme Court occasionally comment on particular instructions insofar as they are of significance in cases under review by those courts. These comments often cite the instruction referenced with approval but, on occasion, the court holds that a particular instruction is not a correct statement of the applicable law. The pattern instructions as published in this edition represent the WPI Committee's best effort to correctly state the law at the time of its approval of the instruction. However, due to delays from the time a pattern instruction is approved until publication of each edition, as well as the time lag between the completion of one edition and preparation and publication of the next, the user is cautioned to check for changes in applicable statutory and case law.
This fifth edition of Volumes 11 and 11A includes new and revised instructions as well as the withdrawal of some no longer needed. New for this edition are Chapter 21 (Reimbursement of Defense Costs) regarding reimbursement when a defendant successfully defends by raising a claim of self defense, as well as when a law enforcement officer successfully uses the defense of justified force, and Chapter 135 (Animal Cruelty). Significant revisions have been made in the following: Chapter 35 (Crimes Against Persons) to reflect the new crime of felony assault in the fourth degree; Chapter 36 (Harassment, Hate Crimes, and Domestic Violence) to reflect the new crime of hate crime effective July 28, 2019, as well as a statutory change to the definition of domestic violence; Chapter 131 (Identity Theft) to reflect statutory changes that elevate the level of offense when the victim of identity theft is a senior or vulnerable adult; and Chapter 133 (Weapon Offenses) to reflect statutory changes effective July 28, 2019, that expand the definition of unlawful possession of a firearm. The Committee deleted Chapter 31 (Capital Cases) because the death penalty is no longer applicable in Washington State.
In the event of a very significant change in the law, the Committee may update the electronic version of the instructions without immediately issuing an updated paper version of the same instructions. Readers of the paper books and paper updates should check the Washington Courts website (www.courts.wa.gov) or Westlaw to determine if there is an electronic update to the instructions that is not reflected in the paper instructions.
We would like to thank each of the Committee members and our staff attorneys—Stephanie Happold and Lynne Alfasso—for their countless hours of work, their dedication, and their inspired contributions toward improving the law. We also thank the other attorneys who served on subcommittees focusing on particular specialized areas of the law. Their contributions greatly improve our work.
HONORABLE KRISTIN RICHARDSON, CO-CHAIRHONORABLE LINDA C. KRESE (Retired), CO-CHAIR
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