Home Table of Contents

WPIC 190.09 Special Verdict Form—Elements With Alternatives

11A WAPRAC WPIC 190.09Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 190.09 (5th Ed)

Washington Practice Series TM

Washington Pattern Jury Instructions--Criminal

January 2024 Update

Washington State Supreme Court Committee on Jury Instructions

Part XV. Verdict Forms

WPIC CHAPTER 190. Special Verdict Forms

WPIC 190.09 Special Verdict Form—Elements With Alternatives

(Insert case caption.)

We, the jury, return a special verdict by answering as follows:

QUESTION 1: Did the defendant (defendant's name) (insert language from the elements instruction's first alternative)?

ANSWER: (Write “yes” or “no” or “not unanimous”)

QUESTION 2: Did the defendant (insert language from the elements instruction's second alternative)?

ANSWER: (Write “yes” or “no” or “not unanimous”)

DATE:
	Presiding Juror

NOTE ON USE

This special verdict may be used when the jury will be considering alternative elements in the to-convict instruction, whether or not the alternative elements constitute a separate crime. If the special verdict is used, then the concluding instruction will need to be modified as indicated in WPIC 164.00 (Concluding Instruction—Special Verdict—Elements With Alternatives).

COMMENT

This special verdict may be used to clarify which of the alternative elements the jurors found to be supported by the evidence beyond a reasonable doubt. The special verdict can be particularly useful with regard to appellate review as to the sufficiency of the evidence.

For further discussion of alternative language in the elements of a charged offense, see WPIC 4.20 (Introduction) and the Comment to WPIC 4.23 (Elements of the Crime—Alternative Elements—Alternative Means for Committing a Single Offense—Form).

[Current as of January 2019.]

End of Document