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WPIC 300.01 Aggravating Circumstance Procedure—Checklist for Written Instructions—Unitary Trial...

11A WAPRAC WPIC 300.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part XVI. Exceptional Sentences—Aggravating Circumstances
WPIC CHAPTER 300. Exceptional Sentences—Aggravating Circumstances
WPIC 300.01 Aggravating Circumstance Procedure—Checklist for Written Instructions—Unitary Trials—Bifurcated Trials—Stand-Alone Sentencing Proceedings
Use the following checklist to make sure that the set of written jury instructions for aggravating circumstances is complete. Different combinations of instructions are required for unitary trials, bifurcated trials, or stand-alone sentencing proceedings.

  • 1. Unitary Trial (i.e., a trial in which sentencing questions are tried at the same time as the underlying criminal charge). In addition to the guilt phase instructions, the following instructions need to be used to address the aggravating circumstances:

    • • WPIC 300.02 (Aggravating Circumstance Procedure—Factors Alleged—Unitary Trial). Repeat for each count.

    • • WPIC 300.07 (Aggravating Circumstance Procedure—Burden of Proof—Multiple Factors Alleged).

    • • WPIC 300.08 (Aggravating Circumstances—Accomplice Liability) (if necessary — see Comment to that instruction).

    • • WPIC 300.10 through WPIC 300.40, definitions for particular aggravating circumstances. Each aggravating circumstance has its own instruction number. Look there (and in the accompanying Note on Use) for any additional instructions that need to be given for a particular aggravating circumstance.

    • • WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements).

    • • WPIC 300.50 (Special Verdict Form—Aggravating Circumstance—Unitary Trial).

    • • WPIC 300.50.01 (Special Verdict Form—Aggravating Circumstance—Accomplice Liability—Unitary Trial) (if necessary — see Comment to that instruction).

  • 2. Sentencing Phase of Bifurcated Trial (i.e., a trial in which sentencing issues are heard post-verdict by the same jury that heard the underlying case). Use the following instructions for the separate sentencing phase:

    • • WPIC 300.06 (Aggravated Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding). Repeat for each count.

    • • WPIC 300.07 (Aggravating Circumstance Procedure—Burden of Proof—Multiple Factors Alleged).

    • • WPIC 300.08 (Aggravating Circumstances—Accomplice Liability) (if necessary — see Comment to that instruction).

    • • WPIC 300.10 through WPIC 300.40, definitions for particular aggravating circumstances. Each aggravating circumstance has its own instruction number. Look there (and in the accompanying Note on Use) for any additional instructions that need to be given for a particular aggravating circumstance.

    • • WPIC 300.51 (Concluding Instruction—Aggravating Circumstance—Bifurcated Trial or Stand-Alone Sentencing Proceeding).

    • • WPIC 300.52 (Special Verdict Form—Aggravating Circumstance—Bifurcated Trial or Stand-Alone Sentencing Proceeding).

    • • WPIC 300.53 (Special Verdict Form—Aggravating Circumstance—Accomplice Liability—Bifurcated Trial or Stand-Alone Sentencing Proceeding) (if necessary — see Comment to that instruction).

    • • The jury should still have the full set of instructions from the guilt phase (WPIC 300.51 instructs the jurors that the earlier instructions still apply, except as stated otherwise in the sentencing instructions).

  • 3. Stand-Alone Sentencing Proceeding (i.e., in which sentencing issues are heard by a jury that did not consider the underlying charge, such as could occur following a guilty plea or following appellate proceedings). Use the following instructions:

    • • WPIC 300.04 (Conclusion of Trial—Introductory Instruction—Stand-Alone Sentencing Proceeding).

    • • WPIC 1.04 (Jury's Duty to Consult with One Another).

    • • WPIC 5.01 (Direct and Circumstantial Evidence) (if applicable).

    • • WPIC 5.05 (Prior Conviction—Impeachment—Defendant) (if applicable).

    • • WPIC 5.06 (Prior Conviction—Impeachment—Witness) (if applicable).

    • • WPIC 5.20 (Failure to Produce Witness) (if applicable).

    • • WPIC 5.30 (Evidence Limited as to Purpose) (if necessary — see Comment).

    • • WPIC 6.01 (Credibility of Witnesses and Weight of Testimony).

    • • WPIC 6.31 (Defendant's Failure to Testify) (if applicable).

    • • WPIC 6.41 (Out of Court Statements by Defendant) (if applicable).

    • • WPIC 6.51 (Expert Testimony) (if applicable).

    • • WPIC 300.06 (Aggravated Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding). Repeat for each count.

    • • WPIC 300.07 (Aggravating Circumstance Procedure—Burden of Proof—Multiple Factors Alleged).

    • • WPIC 300.08 (Aggravating Circumstances—Accomplice Liability) (if necessary — see Comment to that instruction).

    • • WPIC 300.10 through WPIC 300.40, definitions for particular aggravating circumstances. Each aggravating circumstance has its own instruction number. Look there (and in the accompanying Note on Use) for any additional instructions that need to be given for a particular aggravating circumstance.

    • • WPIC 300.51 (Concluding Instruction—Aggravating Circumstance—Bifurcated Trial or Stand-Alone Sentencing Proceeding).

    • • WPIC 300.52 (Special Verdict Form—Aggravating Circumstance—Bifurcated Trial or Stand-Alone Sentencing Proceeding).

    • • WPIC 300.53 (Special Verdict Form—Aggravating Circumstance—Accomplice Liability—Bifurcated Trial or Stand-Alone Sentencing Proceeding) (if necessary — see Comment to that instruction).

    • • Use other “guilt phase” instructions as applicable.
[Current as of April 2019.]
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