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WPIC 6.12 Good Character and Reputation of Defendant

11 WAPRAC WPIC 6.12Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 6.12 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part II. Evidence and Guides for Its Consideration

WPIC CHAPTER 6. Evaluation of Evidence

WPIC 6.12 Good Character and Reputation of Defendant

In deciding your verdict, you should consider all the evidence in the case, including any evidence about character and reputation of the defendant. However, even if you find that the defendant is a person of good character or reputation, you should not acquit if you are convinced beyond a reasonable doubt of the defendant's guilt.

NOTE ON USE

Use this instruction in every case in which evidence of the defendant's character has been admitted on the issue of guilt. When evidence of reputation for truth and veracity has been admitted on the issue of credibility of a witness, see the Comment to WPIC 6.11 (Reputation for Truth and Veracity).

COMMENT

ER 404(a)(1).

The opinion in State v. Thomas, 110 Wn.2d 859, 757 P.2d 512 (1988), contains an extended discussion of instructing on character evidence when the defendant has introduced relevant character testimony. The opinion states that WPIC 6.12 should be given when requested and when justified by the evidence. The opinion further states:

Whether its omission, when requested and justified, is reversible error will still depend upon application of a harmless error review. The potential issue can be avoided by giving it in an appropriate case.

State v. Thomas, 110 Wn.2d at 867.

The law that is the basis for WPIC 6.12 is covered in detail in Tegland, 5 Washington Practice, Evidence Law and Practice, sections 404.1 to 404.8 (6th ed.).

[Current as of December 2018.]

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