Wash. Rev. Code § 10.77.040

Current through the 2024 Regular Session
Section 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?

. . . ..

RCW 10.77.040

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

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