Washington Pattern Jury Instructions – Criminal
PART IV DEFENSES
WPIC CHAPTER 16 JUSTIFIABLE HOMICIDE

WPIC 16.05 NECESSARY—DEFINITION

Necessary means that, under the circumstances as they reasonably appeared to the actor at the time, (1) no reasonably effective alternative to the use of force appeared to exist and (2) the amount of force used was reasonable to effect the lawful purpose intended.

NOTE ON USE

Use this instruction when the word “necessary” is used in instructions relating to defenses in WPIC Chapters 16 and 17.

COMMENT

RCW 9A.16.010. The statutory definition of “necessary” applies only to RCW Chapter 9A.16.

It is error to give an instruction that defines “necessary” in the language of the statute, as the statutory language fails to make the subjective standard of necessity apparent to the jury. State v. Fischer, 23 Wn.App. 756, 598 P.2d 742 (1979). See the Comment to WPIC 17.02 (Lawful Force—Defense of Self, Others, Property). So that the subjective nature of this standard is entirely clear, the phrase “under the circumstances as they reasonably appeared to the actor at the time” has been moved forward in the instruction, and the numbers (1) and (2) have been added.

If there is an issue of defendant’s right to stand firm and not retreat, see WPIC 16.08 (No Duty to Retreat).

[Current as of February 2019.]

 

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