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WPIC 300.07 Aggravating Circumstance Procedure—Burden of Proof—Multiple Factors Alleged

11A WAPRAC WPIC 300.07Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.07 (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 300.07 Aggravating Circumstance Procedure—Burden of Proof—Multiple Factors Alleged
The State has the burden of proving the existence of [the] [each] aggravating circumstance beyond a reasonable doubt. In order for you to find the existence of an aggravating circumstance in this case, you must unanimously agree that the aggravating circumstance has been proved beyond a reasonable doubt.
[The defendant has no burden of proving that a reasonable doubt exists [as to these additional facts.] It is presumed that these additional facts do not exist. This presumption continues throughout this entire proceeding unless during your deliberations you find that it has been overcome by the evidence beyond a reasonable doubt.]
[A reasonable doubt is one for which a reason exists and may arise from the evidence or lack of evidence. It is such a doubt as would exist in the mind of a reasonable person after fully, fairly, and carefully considering all of the evidence or lack of evidence. [If, from such consideration, you have an abiding belief in the truth of the allegation, you are satisfied beyond a reasonable doubt.]]
[Multiple aggravating circumstances have been alleged. You should consider each of the allegations separately. Your verdict on one allegation should not control your verdict on [any] [the] other allegation.]
NOTE ON USE
Use the first paragraph in all cases.
Use the second and third paragraphs as applicable; these paragraphs will not be needed for (1) unitary trials, or (2) bifurcated trials in which the sentencing phase jurors heard the guilt phase and the sentencing phase instructions are being used to supplement the guilt phase instructions.
Use the fourth paragraph for cases involving multiple aggravating circumstances.
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).
For cases involving only a single alleged aggravating circumstance, this instruction may be rolled into either WPIC 300.02 (Aggravating Circumstance Procedures—Factors Alleged—Unitary Trial) or WPIC 300.06 (Aggravating Circumstance Procedures—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding).
COMMENT
See the Comments for WPIC 300.02 (Aggravating Circumstance Procedure—Factors Alleged—Unitary Trial) and WPIC 300.06 (Aggravating Circumstance Procedure—Factors Alleged—Bifurcated Trial or Stand-Alone Sentencing Proceeding).
[Current as of April 2019.]
End of Document