Washington Code 10.77.040 – Instructions to jury on special verdict
Current as of: 2023 | Check for updates
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Whenever the issue of insanity is submitted to the jury, the court shall instruct the jury to return a special verdict in substantially the following form:
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answer yes or no
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1.
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Did the defendant commit the act charged?
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. . . . .
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2.
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If your answer to number 1 is yes, do you acquit him or her because of insanity existing at the time of the act charged?
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. . . . .
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3.
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If your answer to number 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?
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. . . . .
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4.
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If your answer to number 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?
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. . . . .
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5.
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If your answers to either number 3 or number 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?
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. . . . .
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NOTES:
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Terms Used In Washington Code 10.77.040
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Treatment: means any currently standardized medical or mental health procedure including medication. See Washington Code 10.77.010
- Verdict: The decision of a petit jury or a judge.