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WPIC 17.01 Lawful Force—Public Officer or Others in Aid of Officer

11 WAPRAC WPIC 17.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 17.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part IV. Defenses
WPIC CHAPTER 17. Lawful Force—Charges Other than Homicide
WPIC 17.01 Lawful Force—Public Officer or Others in Aid of Officer
It is a defense to a charge of (fill in crime) that the force [used] [attempted] [offered to be used] was lawful as defined in this instruction.
The [use of] [attempt to use] [offer to use] force upon or toward the person of another is lawful when necessarily [used] [attempted] [offered] [by a public officer in the performance of a legal duty] [by a person assisting a public officer in the performance of a legal duty and acting under the direction of the officer] [by a person arresting one who has committed a felony and delivering the person arrested to a public officer competent to receive the person into custody].
The State has the burden of proving beyond a reasonable doubt that the use of force was not lawful. If you find that the State has not proved the absence of this defense beyond a reasonable doubt, it will be your duty to return a verdict of not guilty [as to this charge].
NOTE ON USE
Use this instruction in any case in which this defense is an issue supported by the evidence.
Use bracketed material as applicable.
Use this instruction for any charge other than homicide. If homicide is involved, use WPIC 16.01 (Justifiable Homicide—Public Officer or Others in Aid of Officer).
With this instruction, use WPIC 16.05 (Necessary—Definition). Also use, as applicable, WPIC 2.09 (Felony—Designation of) and WPIC 2.14 (Officer—Public Officer—Definition).
COMMENT
RCW 9A.16.020(1), (2).
Because the language of RCW 9A.16.020 is identical to the former statute, RCW 9.11.040, cases decided under the former statute should be applicable.
The burden of disproving the defense of lawful force under RCW 9A.16.020 falls on the State. E.g., State v. Arth, 121 Wn.App. 205, 87 P.3d 1206 (2004); State v. Graves, 97 Wn.App. 55, 982 P.2d 627 (1999).
For a general discussion of whether the burden of proving a defense can be shifted to the defendant, see WPIC 14.00 (Defenses—Introduction).
[Current as of February 2019.]
End of Document