WPIC 300.52 Special Verdict Form—Aggravating Circumstance—Bifurcated Trial or Stand-Alone Sente...
11A WAPRAC WPIC 300.52Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 300.52 (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 300.52 Special Verdict Form—Aggravating Circumstance—Bifurcated Trial or Stand-Alone Sentencing Proceeding
(Insert case caption.)
We, the jury, [aware that the defendant was previously found guilty of (fill in offense),] [having previously found the defendant guilty of (fill in offense),] return a [special] verdict by answering as follows:
QUESTION [1]:
[Did the defendant's conduct during the commission of the crime manifest deliberate cruelty to the victim? (see WPIC 300.10)
ANSWER: (Write “yes” or “no”)]
[Did the defendant know, or should the defendant have known, that the victim was particularly vulnerable or incapable of resistance? (see WPIC 300.11)
ANSWER: (Write “yes” or “no”)]
[Did the defendant know that the victim [of the crime of (fill in name of violent crime)] was pregnant? (see WPIC 300.12)
ANSWER: (Write “yes” or “no”)]
[Was the crime a major economic offense or series of offenses? (see WPIC 300.13)
ANSWER: (Write “yes” or “no”)]
[Was the crime a major violation of the Uniform Controlled Substance Act? (see WPIC 300.14)
ANSWER: (Write “yes” or “no”)]
[Was the crime 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)
ANSWER: (Write “yes” or “no”)]
[Was the crime an aggravated domestic violence offense? (see WPIC 300.17)
ANSWER: (Write “yes” or “no”)]
[Did the crime result in the pregnancy of a child victim of rape? (see WPIC 300.18)
ANSWER: (Write “yes” or “no”)]
[Did the defendant:
(a) establish or promote his relationship with the victim for the primary purpose of victimization? and
ANSWER: (Write “yes” or “no”)
(b) know that the victim was a youth not residing with a legal custodian? (see WPIC 300.19)
ANSWER: (Write “yes” or “no”)
(see WPIC 300.19)]
[Did the defendant commit the crime with the intent to obstruct or impair [[human] [animal] health care] [[agricultural] [forestry] [research]] [commercial production]? (see WPIC 300.20)
ANSWER: (Write “yes” or “no”)]
[Was the victim [of this trafficking offense] under the age of 18 years at the time of the offense? (see WPIC 300.21)
ANSWER: (Write “yes” or “no”)]
[Did the defendant use a high degree of sophistication or planning when committing this crime? (see WPIC 300.22)
ANSWER: (Write “yes” or “no”)]
[Did the defendant use [his] [her] position of [trust] [confidence] [or] [fiduciary responsibility] to facilitate the commission of the crime? (see WPIC 300.23)
ANSWER: (Write “yes” or “no”)]
(The following two questions relate to WPIC 300.24:)
[(a) Does the defendant have a history of sex offenses?
ANSWER: (Write “yes” or “no”)
(b) Is the defendant amenable to treatment?
ANSWER: (Write “yes” or “no”)]
[Did the crime involve an invasion of the victim's privacy? (see WPIC 300.25)
ANSWER: (Write “yes” or “no”)]
[Did the defendant demonstrate or display an egregious lack of remorse? (see WPIC 300.26)
ANSWER: (Write “yes” or “no”)]
[Did the crime involve a destructive and foreseeable impact on persons other than the victim? (see WPIC 300.27)
ANSWER: (Write “yes” or “no”)]
[Did the defendant commit 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)
ANSWER: (Write “yes” or “no”)]
[Did the defendant commit the crime shortly after being released from incarceration? (see WPIC 300.29)
ANSWER: (Write “yes” or “no”)]
[Was the victim of the burglary present in the building or residence when the crime was committed? (see WPIC 300.30)
ANSWER: (Write “yes” or “no”)]
[Was the crime committed against a law enforcement officer who was performing his or her official duties at the time of the crime, and did the defendant know the victim was a law enforcement officer? (see WPIC 300.31)
ANSWER: (Write “yes” or “no”)]
[Did the defendant commit the crime against a victim who was acting as a Good Samaritan? (see WPIC 300.32)
ANSWER: (Write “yes” or “no”)]
[Did the defendant commit the crime against a [public official] [officer of the court] in retaliation for the [official's] [officer's] performance of his or her duty to the criminal justice system? (see WPIC 300.33)
ANSWER: (Write “yes” or “no”)]
[Did the victim's injuries substantially exceed the level of bodily harm necessary to constitute [bodily harm] [great bodily harm] [substantial bodily harm], as defined in Instruction ? (see WPIC 300.34)
ANSWER: (Write “yes” or “no”)]
(The following two questions relate to WPIC 300.35:)
[(a) Was the stolen property metal property?
ANSWER: (Write “yes” or “no”)
(b) Was the property damage to the victim caused in the course of the theft of metal property more than three times the value of the stolen metal property, or did the theft of the metal property create a public hazard?
ANSWER: (Write “yes” or “no”)]
[Did the defendant commit 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)
ANSWER: (Write “yes” or “no”)]
[During the commission of the crime, was the defendant 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)
ANSWER: (Write “yes” or “no”)]
[Did the crime involve paying to view over the internet depictions of a minor engaged in an act of sexually explicit conduct? (see WPIC 300.38)
ANSWER: (Write “yes” or “no”)]
[Did the defendant intentionally commit the crime because [he] [she] perceived the victim to be homeless? (see WPIC 300.39)
ANSWER: (Write “yes” or “no”)]
(The following four questions relate to WPIC 300.40:)
[(a) Did the crime occur in [a [waiting area] [corridor] adjacent to] a [courtroom] [jury room] [judge's chamber]?
ANSWER: (Write “yes” or “no”)
(b) At the time of the crime, was the [courtroom] [jury room] [judge's chamber] being used for judicial purposes during court proceedings?
ANSWER: (Write “yes” or “no”)
(c) Was signage posted notifying the public of possible enhanced penalties for crimes committed [in] [adjacent to] a [courtroom] [jury room] [judge's chamber]?
ANSWER: (Write “yes” or “no”)
(d) Was the signage prominently displayed at any public entrance to a courtroom?
ANSWER: (Write “yes” or “no”)]
[QUESTION [ ]: (Insert appropriate question from the prior list)]
[ANSWER: (Write “yes” or “no”)]
(Repeat as necessary.)
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NOTE ON USE
Use this special verdict when the state alleges the existence of an aggravating circumstance defined in RCW 9.94A.535, and the evidence related to the aggravating circumstances will be presented after the defendant's guilt on the underlying offense is already established.
Use a separate special verdict form per count on which the State alleged the existence of an aggravating circumstance.
For a list of the instructions to be used along with this special verdict, see WPIC 300.01 (Aggravating Circumstance Procedure—Checklist for Written Instructions—Unitary Trials—Bifurcated Trials—Stand-Alone Sentencing Proceedings).
Use the bracketed material as applicable, with no more than one aggravating circumstance per question. 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(2).
The sexual motivation aggravating circumstance is omitted from this instruction as a separate special verdict form applies to this circumstance. See discussion at WPIC 300.15 (Aggravating Circumstance—Sexual Motivation).
For a discussion of issues related to this instruction, see the Comment to WPIC 300.50 (Special Verdict Form—Aggravating Circumstance—Unitary Trial).
[Current as of April 2019.]
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