WPIC 20.03 Insanity—Order of Consideration
11 WAPRAC WPIC 20.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 20.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IV. Defenses
WPIC CHAPTER 20. Insanity
WPIC 20.03 Insanity—Order of Consideration
The defense of insanity does not remove from your consideration the question of whether the defendant actually committed the act charged. You should not consider the defense of insanity unless you first find beyond a reasonable doubt that the defendant committed the act charged.
NOTE ON USE
Use in every case in which the defense of insanity is in issue. If other defenses such as self-defense are raised, add appropriate language to the instruction directing the jury to consider those other defenses prior to the jury's consideration of the defense of insanity.
COMMENT
RCW 10.77.010(4) defines a “criminally insane” person as a person acquitted of the crime charged “by reason of insanity.” RCW 10.77.040 provides a special verdict form. Those statutes contemplate that the jury consider acquittal for reasons other than insanity before answering questions relating to insanity.
[Current as of February 2019.]
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