WPIC 5.01 Direct and Circumstantial Evidence
11 WAPRAC WPIC 5.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 5.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part II. Evidence and Guides for Its Consideration
WPIC CHAPTER 5. General Principles of Evidence
WPIC 5.01 Direct and Circumstantial Evidence
The evidence that has been presented to you may be either direct or circumstantial. The term “direct evidence” refers to evidence that is given by a witness who has directly perceived something at issue in this case. The term “circumstantial evidence” refers to evidence from which, based on your common sense and experience, you may reasonably infer something that is at issue in this case.
The law does not distinguish between direct and circumstantial evidence in terms of their weight or value in finding the facts in this case. One is not necessarily more or less valuable than the other.
NOTE ON USE
This instruction should be given upon the request of any party when there is circumstantial evidence in the case.
COMMENT
WPIC 5.01 is proper whenever the instruction is requested by a party and there is circumstantial evidence in the case. The instruction does not constitute an impermissible comment on the evidence. State v. Tucker, 32 Wn.App. 83, 645 P.2d 711 (1982). The appellate courts have cited to a former version of WPIC 5.01 with approval. See State v. Hieb, 107 Wn.2d 97, 727 P.2d 239 (1986).
[Current as of December 2018.]
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