WPIC 30.04 Aggravated First Degree Murder—Special Verdict

Use this instruction with WPIC 30.03 (Aggravated First Degree Murder—Aggravating Factors). The concluding instruction given by the court should include directions as to the use of this special verdict.

Use bracketed material as applicable. If there is more than one aggravating circumstance charged, each circumstance should be set forth as a separate question for the jury.

It must be clear to the jury that it must find both the elements of premeditated murder in the first degree and the presence of an aggravating circumstance in order to find the defendant guilty of aggravated murder in the first degree. See State v. Hoffman, 116 Wn.2d 51, 804 P.2d 577 (1991).

In State v. Kron, 63 Wn.App. 688, 821 P.2d 1248 (1992), the court upheld the use of an aggravated murder verdict form that merely asked the jury whether the defendant was guilty of aggravated first degree murder and did not require the jury to specify what aggravating factor it found. The court found that the elements instruction sufficiently informed the jury that any aggravating factor must be proved beyond a reasonable doubt and that the verdict form simply asked the jury to state their decision once the jury had considered the elements instruction. However, to avoid potential confusion when more than one aggravating circumstance is alleged, WPIC 30.04 requires the jury to make specific findings as to each alleged circumstance.

For a discussion of the unanimity requirements for special verdict responses, see the Comment to WPIC 160.00 (Concluding Instruction—Special Verdict—Penalty Enhancements).