11 WAPRAC WPIC 16.05Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 16.05 (4th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
October 2016 Update
Part IV. Defenses
WPIC CHAPTER 16. Justifiable Homicide
WPIC 16.05 Necessary—Definition
Necessary means that, under the circumstances as they reasonably appeared to the actor at the time, (1) no reasonably effective alternative to the use of force appeared to exist and (2) the amount of force used was reasonable to effect the lawful purpose intended.
NOTE ON USE
Use this instruction when the word “necessary” is used in instructions relating to defenses in WPIC Chapters 16 and 17.
RCW 9A.16.010. The statutory definition of “necessary” applies only to RCW Chapter 9A.16.
It is error to give an instruction that defines “necessary” in the language of the statute, as the statutory language fails to make the subjective standard of necessity apparent to the jury. State v. Fischer, 23 Wn.App. 756, 598 P.2d 742 (1979). See the Comment to WPIC 17.02 (Lawful Force—Defense of Self, Others, Property). So that the subjective nature of this standard is entirely clear, the phrase “under the circumstances as they reasonably appeared to the actor at the time” has been moved forward in the instruction, and the numbers (1) and (2) have been added.
If there is an issue of defendant's right to stand firm and not retreat, see WPIC 16.08 (No Duty to Retreat).
[Current as of December 2015.]
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