2023 Revised Code of Washington
Title 10 - Criminal Procedure
Chapter 10.77 - Criminally Insane—Procedures.
10.77.040 - Instructions to jury on special verdict.
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.
