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WPIC 20.08 Insanity—Concluding Instruction—Special Verdict—Burden of Proof

11 WAPRAC WPIC 20.08Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 20.08 (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 20. Insanity
WPIC 20.08 Insanity—Concluding Instruction—Special Verdict—Burden of Proof
When you begin deliberating, you should first select a presiding juror. The presiding juror's duty is to see that you discuss the issues in this case in an orderly and reasonable manner, that you discuss each issue submitted for your decision fully and fairly, and that each one of you has a chance to be heard on every question before you.
During your deliberations, you may discuss any notes that you have taken during the trial, if you wish. You have been allowed to take notes to assist you in remembering clearly, not to substitute for your memory or the memories or notes of other jurors. Do not assume, however, that your notes are more or less accurate than your memory.
You will need to rely on your notes and memory as to the testimony presented in this case. Testimony will rarely, if ever, be repeated for you during your deliberations.
If, after carefully reviewing the evidence and instructions, you feel a need to ask the court a legal or procedural question that you have been unable to answer, write the question out simply and clearly. [For this purpose, use the form provided in the jury room.] In your question, do not state how the jury has voted. The presiding juror should sign and date the question and give it to the [bailiff] [(insert other applicable staff person)]. I will confer with the lawyers to determine what response, if any, can be given.
You will be given [the exhibits admitted in evidence,] these instructions, and a verdict form and one special verdict form. [Some exhibits and visual aids may have been used in court but will not go with you to the jury room. The exhibits that have been admitted into evidence will be available to you in the jury room.]
If you unanimously agree on a verdict, you must fill in the blank provided in the verdict form the words “not guilty” or “not guilty by reason of insanity,” or the word “guilty,” according to the decision you reach.
If you find the defendant guilty or not guilty on the verdict form, do not use the special verdict form. If you find the defendant not guilty by reason of insanity, you must complete the special verdict form. The special verdict form contains five questions. The burden of proof on each question is as follows:
(1) In Question (1) the burden is on the State as the plaintiff to prove beyond a reasonable doubt that the defendant committed the act charged.
(2) In Question (2) the burden is on the defendant to prove by a preponderance of the evidence that insanity existed at the time of the act charged.
(3) In Question (3) the burden is on the State to prove by a preponderance of the evidence that the defendant is a substantial danger to other persons unless kept under further control by the court or other persons or institutions.
(4) In Question (4) the burden is on the State to prove by a preponderance of the evidence that the defendant presents a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.
(5) In Question (5) the burden is on the State to prove by a preponderance of the evidence that treatment by detention in a state mental hospital, instead of less restrictive treatment, is in the best interests of the defendant and others.
Because this is a criminal case, each of you must agree for you to return a verdict. When all of you have so agreed, fill in the proper form of verdict or verdicts to express your decision. The presiding juror must sign the verdict form(s) and the special verdict form(s) and notify the [bailiff] [(insert other applicable staff person)]. The [bailiff] [(insert other applicable staff person)] will bring you into court to declare your verdict.
NOTE ON USE
Use this instruction in every case in which the defense of insanity is in issue. This instruction will always be used with WPIC 20.02 (Insanity—Burden of Proof), WPIC 20.09 (Verdict Form A—Insanity Plea), and WPIC 190.03 (Special Verdict Form—Insanity).
This pattern instruction is intended for a case with a single defendant, no special allegations, and an insanity defense. For other circumstances, the instruction's reference to special verdict forms will need to be modified.
COMMENT
RCW 9A.12.010(2); RCW 10.77.040.
In determining whether a defendant acquitted because of insanity should be committed or released, the State must prove by a preponderance of the evidence the elements in RCW 10.77.040(3), (4), and (5) regarding defendant's danger to others and likelihood of committing felonious acts jeopardizing public safety. State v. Wilcox, 92 Wn.2d 610, 600 P.2d 561 (1979); State v. Hicks, 41 Wn.App. 303, 704 P.2d 1206 (1985).
RCW 10.77.040 does not violate due process by failing to specify who has the burden of proof or what standard of proof must be met. State v. Wilcox, 92 Wn.2d 610, 600 P.2d 561 (1979). Due process is not violated when the jury verdict form is submitted without further instructions offering additional information about the disposition of a defendant found not guilty by reason of insanity. State v. Hicks, 41 Wn.App. at 311.
The jury should not complete the special verdict form if it finds the defendant guilty as charged. State v. Corwin, 32 Wn.App. 493, 649 P.2d 119 (1982).
[Current as of March 2019.]
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