Washington Pattern Jury Instructions–Criminal (W.P.I.C.)

Part IV. Defenses  Chapter 17.  Lawful Force

WA  W.P.I.C. 17.06 Self-defense Reimbursement—Oral Introductory Instruction

Based on your verdict in this case, there is an additional issue that the law requires you to decide.

The defendant has alleged that [he][she] acted in self-defense. Under our state’s law, if the defendant’s use of force was [lawful][justified], the defendant has the right to be reimbursed by the State of Washington for the reasonable cost of legal fees and expenses involved in [his][her] defense as well as for loss of time.

You will be asked to decide whether the defendant’s use of force was [lawful][justified]. You will hear additional evidence on this question in the next phase of the trial.

The next phase of the trial differs in several ways from the phase you have already completed. First, the burden of proof is on the defendant. In order to receive reimbursement, the defendant must prove by a preponderance of the evidence that [his][her] use of force was [lawful][justified]. When it is said that a claim must be proved by a preponderance of the evidence, it means you must be persuaded, considering all of the evidence in the case, that the claim is more probably true than not true.

Second, the definition of [lawful][justified] force is different for this phase of the trial. This time, you will apply an objective rather than a subjective standard. This means that the issue is whether a reasonably prudent person, under the same or similar conditions existing at the time of the incident, would have used the same degree of force as the defendant. You will receive additional instruction on this before you deliberate.

And finally, when you deliberate on this question, only [ten][five] of you will need to agree.

Until you are in the jury room for those deliberations, you must not discuss the case with the other jurors or with anyone else, or remain within hearing of anyone discussing it. It is your duty as a jury to decide the facts in this case based upon the evidence presented to you during the entire proceeding.

During your deliberations, you should consider the evidence presented to you in the first phase of this case. You should also consider any evidence offered and received during this phase of the case.

Until you are dismissed at the end of this trial, you must continue to avoid outside sources such as newspapers, magazines, the internet, or radio or television broadcasts which may discuss this case or issues involved in this trial.