10.77.040 - Instructions to jury on special verdict. - Washington Statutes

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.