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10.77.040 Instructions to jury on special verdict.

WA Rev Code § 10.77.040 (2019) (N/A)
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RCW 10.77.040 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?

. . . . .

[ 1998 c 297 § 33; 1974 ex.s. c 198 § 4; 1973 1st ex.s. c 117 § 4.]

NOTES:

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

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10.77.030 Establishing insanity as a defense.
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10.77.050 Mental incapacity as bar to proceedings.