WPIC 300.51 Concluding Instruction—Aggravated Circumstance—Bifurcated Trial or Stand-Alone Sent...
11A WAPRAC WPIC 300.51Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.51 (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 300.51 Concluding Instruction—Aggravated Circumstance—Bifurcated Trial or Stand-Alone Sentencing Proceeding
[When you begin deliberating, you should first select a presiding juror.] The presiding juror's duty is to see that you discuss the issues in this case in an orderly and reasonable manner, that you discuss each issue submitted for your decision fully and fairly, and that each one of you has a chance to be heard on every question before you.
During your deliberations, you may discuss any notes that you have taken during the trial, if you wish. You have been allowed to take notes to assist you in remembering clearly, not to substitute for your memory or the memories or notes of other jurors. Do not assume, however, that your notes are more or less accurate than your memory.
You will need to rely on your notes and memory as to the testimony presented in this case. Testimony will rarely, if ever, be repeated for you during deliberations.
If, after carefully reviewing the evidence and instructions, you feel a need to ask the court a legal or procedural question that you have been unable to answer, write the question out simply and clearly. [For this purpose, use the form provided in the jury room.] In your question, do not state how the jury has voted. The presiding juror should sign and date the question and give it to the [bailiff] [(insert other applicable staff person)]. I will confer with the lawyers to determine what response, if any, can be given.
[This trial has been conducted in two phases. In the first phase, you considered whether the defendant was guilty of the crimes charged. In this second phase, you will consider [an] additional question[s]. During your deliberations on [this question] [these questions], you should consider the evidence presented to you throughout both phases of the trial.]
[In the jury room you will have two sets of instructions — the supplemental instructions from this second phase as well as the instructions you already received in the first phase. You should consider these two sets of instructions together [except to the extent that these supplemental instructions modify the earlier set].]
You will also be given [the exhibits admitted in evidence and] special verdict form[s] for recording your verdict. [Some exhibits and visual aids may have been used in court but will not go with you to the jury room. The exhibits that have been admitted into evidence will be available to you in the jury room.]
You must fill in the blank provided in [the] [each] special verdict form with the word “yes” or “no,” according to the decision you reach. In order to answer a question “yes,” you must unanimously be satisfied beyond a reasonable doubt that “yes” is the correct answer. If you unanimously agree that the answer to the question is “no,” you must fill in the blank with the answer “no.” If after full and fair consideration of the evidence you are not in agreement as to the answer, then do not fill in the blank for that question.
The presiding juror must sign the special verdict form[s] and notify the [bailiff] [ (insert other applicable staff person)]. The [bailiff] [(insert other applicable staff person)] will bring you into court to declare your verdict.
NOTE ON USE
Use bracketed material as applicable. The first bracketed sentence should be used in stand-alone sentencing proceedings. The two bracketed paragraphs referring to two phases of the trial should be used only in bifurcated trials.
The bracketed sentence on jury question forms may be used by courts that provide jurors with forms for submitting questions during their deliberations. A sample form is set forth in Appendix G of Volume 11A, Washington Practice, Washington Pattern Jury Instructions: Criminal (5th ed.).
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).
COMMENT
This instruction closely parallels WPIC 151.00 (Basic Concluding Instruction).
For further discussion, see the Comment to WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements).
[Current as of April 2019.]
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