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These documents are currently being revised to incorporate the changes made during the 2024 Legislative Session. Please consult the Sections Affected Table for changes made during the 2024 Legislative Session.

10.77.030  <<  10.77.040 >>   10.77.050

Instructions to jury on special verdict.

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:
 
answer yes or no
 
1.
Did the defendant commit the act charged?
 . . . . .
 
2.
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?
 . . . . .
 
3.
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?
 . . . . .
 
4.
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?
 . . . . .
 
5.
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?
 . . . . .

NOTES:

Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
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