WPIC 190.03 Special Verdict Form—Insanity
11A WAPRAC WPIC 190.03Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 190.03 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XV. Verdict Forms
WPIC CHAPTER 190. Special Verdict Forms
WPIC 190.03 Special Verdict Form—Insanity
(Insert case caption.)
If you find the defendant not guilty, then answer the following questions:
QUESTION 1: Did the defendant (defendant's name) commit the act charged?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If your answer to Question 1 is “no”, answer no further questions.)
QUESTION 2: Do you find the defendant not guilty because of insanity existing at the time of the act charged?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If your answer to Question (2) is “no”, answer no further questions.)
QUESTION 3: If your answer to Question 2 is “yes,” is the defendant a substantial danger to other persons unless kept under further control by the court or other persons or institutions?
ANSWER: (Write “yes” or “no”)
QUESTION 4: If your answer to Question 2 is “yes,” does the defendant present 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?
ANSWER: (Write “yes” or “no”)
QUESTION 5: If your answer to either Questions 3 or 4 is “yes,” is it in the best interests of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental hospital?
ANSWER: (Write “yes” or “no”)
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NOTE ON USE
Use this special verdict form with WPIC 20.08 (Insanity—Concluding Instruction— Special Verdict—Burden of Proof) in every case in which the defense of insanity is in issue.
COMMENT
Background. RCW 10.77.040 provides that in all cases in which insanity is a defense, the jury shall return a special verdict in substantially this form. The issue of recovery at the time of trial is fully covered by this special verdict form and therefore, is automatically submitted to the jury whenever insanity is submitted as a defense.
The directions after questions 1 and 2 to answer no further questions if the answer is “no” have been inserted to make sure that the jury does not go forward to consider the questions relating to insanity if the defendant is found not guilty for reasons other than insanity. See Note on Use to WPIC 20.03 (Insanity—Order of Consideration).
In a particular case it may be necessary to define the terms used in this special verdict form.
Case law. In State v. Hicks, 41 Wn.App. 303, 704 P.2d 1206 (1985), the court held that the statutory form reflected in WPIC 190.03 met due process standards. The court rejected a defense argument that the form should be supplemented with additional guidelines or information about the consequences of a finding of insanity.
The jury need 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).
Statutory amendment. In 1998, the Legislature amended RCW 10.77.040 to refer to “a substantial likelihood of committing criminal acts” rather than “a substantial likelihood of committing felonious acts.” See Laws of 1998, Chapter 297, § 33 (effective July 1, 1998). This amendment is reflected in the pattern instruction's Question 4. For a case in which the underlying acts were committed prior to the amendment, the wording of Question 4 will need to be revised.
[Current as of January 2019.]
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