WPIC 115.53 Intimidating a Witness—Current or Prospective Witness—Definition
11A WAPRAC WPIC 115.53Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 115.53 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 115. Bribery And Corrupt Influence
WPIC 115.53 Intimidating a Witness—Current or Prospective Witness—Definition
Current or prospective witness means a person endorsed as a witness in an official proceeding, or a person whom the defendant believed might be called as a witness in any official proceeding, or a person whom the defendant had reason to believe might have information relevant to [a criminal investigation] [or] [the abuse or neglect of a minor child].
NOTE ON USE
This instruction defines a term used in WPIC 115.51.01 (Intimidating a Witness—Threat to Current or Prospective Witness—Elements). WPIC 118.16 (Official Proceeding—Definition) may be used with this instruction.
COMMENT
RCW 9A.72.110(3)(b).
The phrase “endorsed as a witness” is not statutorily defined. Formerly, a statute provided that the names of witnesses known to the prosecuting attorney at the time of the issuance of an information were required to be “endorsed thereon.” State v. Stentz, 30 Wash. 134, 138, 70 P. 241 (1902) (citing Ballinger's Ann. Codes & St. § 6832), overruled on other grounds by State v. Fire, 145 Wn.2d 152, 34 P.3d 1218 (2001). Current provisions of law governing charging documents have no such requirement. See RCW Chapter 10.37 and CrR 2.1. The provisions of CrR 4.7, regarding the duty of the prosecutor to disclose witnesses at the time of the omnibus hearing, do not use the term “endorse.”
[Current as of September 2019.]
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