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WPIC 165.00 Concluding Instruction—Special Verdict—Jurisdiction

11A WAPRAC WPIC 165.00Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 165.00 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIV. Concluding Instructions
WPIC 165.00 Concluding Instruction—Special Verdict—Jurisdiction
You will be given a special verdict form and a general verdict form. On the special verdict form, answer the questions “yes” or “no” according to the decision you reach. In order to answer a question “yes,” you must unanimously be satisfied beyond a reasonable doubt that “yes” is the correct answer. If you unanimously have a reasonable doubt as to this question, you must answer “no.” Your answers to the special verdict questions will determine whether you are to complete the general verdict form.
You will also be given [the exhibits admitted in evidence and] these instructions. [Some exhibits and visual aids may have been used in the 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.]
This instruction will be needed only for the rare case when the special verdict on jurisdiction is being used, WPIC 190.10 (Special Verdict Form—Jurisdiction). For further discussion, see the Note on Use and Comment for WPIC 190.10 (Special Verdict Form—Jurisdiction).
The two paragraphs of this instruction are to be inserted into the concluding instruction, WPIC 151.00 (Basic Concluding Instruction), as replacements for the fifth and sixth paragraphs of WPIC 151.00 (Basic Concluding Instruction). If the concluding instruction WPIC 155.00 (Concluding Instruction—Lesser Degree/Lesser Included/Attempt) is being used instead of WPIC 151.00 (Basic Concluding Instruction), then appropriate modifications will need to be made in incorporating these two paragraphs.
In the second sentence, practitioners should specifically identify the appropriate special verdict form if that verdict form is not already clearly titled or otherwise designated as addressing jurisdiction.
State court jurisdiction. State courts lack jurisdiction to adjudicate criminal charges if the offense was committed outside of the state's territorial jurisdiction, including on federal lands that lie within the state's borders. See, e.g., State v. Lane, 112 Wn.2d 464, 468–70, 771 P.2d 1150 (1989).
Factual determination by jury. Washington cases have not directly addressed whether the factual issues underlying these jurisdictional questions are to be determined by the jury or the judge. The best indication we have, however, is that these issues should be resolved by a jury, the same as with other factual disputes. In Lane, the procedural posture of the case was such that the Supreme Court did not need to decide whether jurisdictional facts are jury issues. The court's analysis, however, relied on several cases from other jurisdictions, all of which indicated that these factual issues are to be determined by the jury. See State v. Lane, 112 Wn.2d at 473–75.
Standard of proof. Washington cases have not directly addressed whether the facts establishing a state court's territorial jurisdiction need to be proved beyond a reasonable doubt. The best indication is that the proper standard of proof is beyond a reasonable doubt, as is true for other facts that the State must prove. See generally People v. McLaughlin, 80 N.Y.2d 466, 472, 606 N.E.2d 1357, 591 N.Y.S.2d 966 (1992) (holding that territorial jurisdiction needs to be proved beyond a reasonable doubt and citing 22 jurisdictions in support).
Revisions to instruction. In 2014, the instruction was revised in order to (1) provide more direction to the jury about coordinating the use of the special and general verdict forms and (2) make it easier for practitioners to incorporate this instruction into the general concluding instruction, WPIC 151.00 (Basic Concluding Instruction) or WPIC 155.00 (Concluding Instruction—Lesser Degree/Lesser Included/Attempt), as applicable.
[Current as of January 2019.]
End of Document