WPIC 300.06 Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone ...
11A WAPRAC WPIC 300.06Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.06 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XVI. Exceptional Sentences—Aggravating Circumstances
WPIC CHAPTER 300. Exceptional Sentences—Aggravating Circumstances
WPIC 300.06 Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding
The defendant has previously been found to be guilty of (insert title of crime). The [court's finding] [jury's verdict] [guilty plea]] establishes the existence of those facts and circumstances which are the elements of the crime. The jury will now determine whether [any of] the following aggravating circumstance[s] exist[s]:
[Whether the defendant's conduct during the commission of the crime manifested deliberate cruelty to the victim.] (see WPIC 300.10)
[Whether the defendant knew [or should have known] that the victim was particularly vulnerable or incapable of resistance.] (see WPIC 300.11)
[Whether the defendant knew that the victim [of the crime of (fill in name of violent crime)] was pregnant.] (see WPIC 300.12)
[Whether the crime was a major economic offense or series of offenses.] (see WPIC 300.13)
[Whether the crime was a major violation of the Uniform Controlled Substances Act.] (see WPIC 300.14)
[Whether the crime was part of an ongoing pattern of sexual abuse of the same victim under the age of 18 years manifested by multiple incidents over a prolonged period of time.] (see WPIC 300.16)
[Whether the crime is an aggravated domestic violence offense.] (see WPIC 300.17)
[Whether the crime resulted in the pregnancy of a child victim of rape.] (see WPIC 300.18)
[Whether the defendant knew that the victim was a youth who was not residing with a legal custodian, and the defendant established or promoted the relationship for the primary purpose of victimization.] (see WPIC 300.19)
[Whether the crime was committed with the intent to obstruct or impair [[human] [animal] health care] [[agricultural] [forestry] [research]] [or] [commercial production].] (see WPIC 300.20)
[Whether the victim [of this trafficking offense] was under the age of 18 years at the time of the crime.] (see WPIC 300.21)
[Whether the defendant used a high degree of sophistication or planning when committing this crime.] (see WPIC 300.22)
[Whether the defendant used his or her [position of [trust] [confidence]] [fiduciary responsibility] to facilitate the commission of the crime.] (see WPIC 300.23)
[Whether the defendant has a history of sex offenses, and is not amenable to treatment.] (see WPIC 300.24)
[Whether the crime involved an invasion of the victim's privacy.] (see WPIC 300.25)
[Whether the defendant demonstrated or displayed an egregious lack of remorse.] (see WPIC 300.26)
[Whether the crime involved a destructive and foreseeable impact on persons other than the victim.] (see WPIC 300.27)
[Whether the defendant committed the crime to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group.] (see WPIC 300.28)
[Whether the defendant committed the crime shortly after being released from incarceration.] (see WPIC 300.29)
[Whether the victim of the burglary was present in the building or residence when the crime was committed.] (see WPIC 300.30)
[Whether the crime was committed against a law enforcement officer who was performing his or her official duties at the time of the crime, and the defendant knew the victim was a law enforcement officer.] (see WPIC 300.31)
[Whether the defendant committed the crime against a victim who was acting as a Good Samaritan.] (see WPIC 300.32)
[Whether the defendant committed the crime against a [public official] [officer of the court] in retaliation of the [official's] [officer's] performance of his or her duty to the criminal justice system.] (see WPIC 300.33)
[Whether the victim's injuries substantially exceeded the level of bodily harm necessary to constitute [bodily harm] [great bodily harm] [substantial bodily harm], as defined in Instruction .] (see WPIC 300.34)
[Whether the stolen property involved was metal property, and [(1) the property damage to the victim caused in the course of the theft of metal property was more than three times the value of the stolen metal property] [or] [(2) the theft of the metal property created a public hazard.]] (see WPIC 300.35)
[Whether the defendant committed the offense with the intent to directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage to or for a criminal street gang, its reputation, influence, or membership.] (see WPIC 300.36)
[Whether during the commission of the crime the defendant was driving in the opposite direction of the normal flow of traffic on a multiple lane highway with a posted speed limit of forty-five miles per hour or greater.] (see WPIC 300.37)
[Whether the crime involved paying to view over the internet depictions of a minor engaged in an act of sexually explicit conduct.] (see WPIC 300.38)
[Whether the defendant intentionally committed the crime because [he] [she] perceived the victim to be homeless.] (See WPIC 300.39)
[Whether the crime occurred in [a [waiting area] [corridor] adjacent to] a [courtroom] [jury room] [judge's chamber].] (see WPIC 300.40)
NOTE ON USE
Use this instruction when the State has alleged the existence of an aggravating circumstance in relation to a crime of which the defendant has been convicted and the evidence related to the aggravating circumstance was not presented to the jury during the guilt phase, or the jury that is determining the existence of the aggravating circumstances was not the same jury as determined the defendant's guilt.
Use a separate instruction for each count on which the State has alleged the existence of an aggravating circumstance.
For a list of the instructions to be used along with this instruction, see WPIC 300.01 (Aggravating Circumstance Procedure—Checklist for Written Instructions—Unitary Trials—Bifurcated Trials—Stand-Alone Sentencing Proceedings).
Use bracketed material as applicable. When using the bracketed question on the level of bodily harm, select the appropriate level of harm and insert the number of the instruction that defines that level of harm.
The cross-references to other pattern instructions are included to assist practitioners in drafting instructions for a particular case. They are not to be included in the instruction that goes to the jury.
COMMENT
RCW 9.94A.535.
The statutory presumption is that the jury will generally consider the existence of aggravating circumstances at the same time that it deliberates on the question of guilt. There are four statutory exceptions to this general rule: major VUCSA offenses involving a highly ranked person within a drug distribution hierarchy; domestic violence offenses involving patterns of abuse; sex offenders not amenable to treatment; and rapid recidivism. RCW 9.94A.537(4). For these four circumstances, bifurcated proceedings are authorized if the following conditions are met:
RCW 9.94A.537(4).
In some cases, evidentiary rules, constitutional concerns, and practical considerations may require the court to bifurcate a trial despite a statutory presumption to the contrary. Cf. State v. Monschke, 133 Wn.App. 313, 135 P.3d 966 (2006) (addressing bifurcation in the context of an aggravated first degree murder prosecution). Practitioners should consider their own particular circumstances before deciding whether a unitary or a bifurcated trial is most appropriate.
When the jury that considers the existence of the aggravating circumstances did not also decide the defendant's guilt on the underlying charges, the court may need to supplement this instruction with instructions that define the crimes of which the defendant has already been found guilty, with a modified WPIC 1.02 (Conclusion of Trial—Introductory Instruction), and with other general instructions.
[Current as of April 2019.]
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