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50 Cards in this Set

  • Front
  • Back
Criminal Jurisdiction
part of the crime have to occur in WA
Capacity - Age
(ages at time of crime) Under 8 = incapable, 8- under 12 = presumed incapable unless shown by C&C evidence that juv. Understood act and knew it was wrong, 12 and over = capacity present, only question is if they will be charged as adult
Jurisdiction of Juvenile Court
A. None if 18 at time of trial
B. None if 16 or 17 and
a. Charged with serious violent offense or
b. Charged with violent offense and has a criminal history
C. Juv. Ct. may decline J and try as adult if in best interest of juv. Or the public
D. Pros and Juv. Can agree to juv. J.
Statute of Limitations
None for murder, Homicide by Abuse, vehicular Homicide, Arson where death results, vehicular assault where death occurs and Hit and run where death results. 3 years is the default answer for everything else. SOL will be tolled if D is out of state during the time
Burden of proof
All elements of crimes must be proved beyond a reasonable doubt.
Principles of Liability - Act/Omission and requisite mental state
There must be both an act/omission and the requisite mental state.
A. Mental states include (CRIMK)
a. Malice – evil intent, wish, or design to vex, annoy or injure
b. Intent – purposeful
c. Knowledge – awareness (subjective mens rea)
d. Recklessness – conscious risk taking
e. Criminal negligence – should have known of the risk.
B. Criminal Liability for the Conduct of Others
a. Legal Accountable if D
i. causes an innocent or irresponsible person to commit a crime , or
ii. through Statute, or
iii. Accomplice liability (Is not an actual crime, it allows a person to be guilty for crime committed by another) – with knowledge that it will promote or facilitate the specific crime, D:
1. Solicits, commands, encourages, requests; or
2. Aids or agrees to aid.
b. Defenses – If D is a victim or D terminates complicity AND notifies/makes good faith effort to notify law enforcement. Fact that prinicipal is not convicted is not a defense.
Anticipatory Offenses (think SAC)
A. Solicitation – Intent to promote/facilitate crime AND offers to give or gives something of value
B. Attempt – Intent to commit a specific crime AND Substantial step. Factual or legal impossibility not a defense.
C. Conspiracy – Intent AND agrees with another that crime will be committed AND any conspirator takes a substantial step
1. Wharton – if a crime necessarily takes 2 people, there is no conspiracy. Think delivery of drugs, bigamy
2. Pinkerton (WA does not accept)
Homicide - Basic Definition
killing a person by act/omission with death occurring at any time
Homicide: Aggravated first degree murder
premeditated intent and aggravating factors (murder for hire, victim is law enforcement, judge, jury, witness, in furtherance of a felony, multiple victims, recent history of DV). D will get life imprisonment w/o parole or DP.
Homicide: First Degree Murder
if it falls into any of these three categories
1. Felony Murder – (BAARRRRKK). Limited defense if not armed with deadly weapon AND no reason to believe that others were armed AND no ground to believe that others were going to engage in conduct likely to result in death or serious bodily harm
2. Premeditation – premeditated intent, to think about or plan before hand
3. Extreme Indifference to human life – like a drive-by shooting
Homicide: Second degree murder
requires no premeditation
1. Intent, or
2. Felony murder (any felony) – covers any felony that is not BAARRRRKK. Limited defense same as 1st degree.
Homicide: Manslaughter
1. First Degree – reckless
2. Second Degree – criminal neglegence
Homicide by Abuse
Extreme indifference to human life AND pattern or practice of assault or torture; causes death of child (under 16), or developmentally disabled/dependent adult
Homicide: Vehicular/Watercraft homicide
Drives auto while DUI, or in reckless manner, or with disregard for the safety of others; AND death occurs within 3 years
Homicide: Controlled Substance Homicide
Unlawfully delivers controlled substance to another and use of drugs causes death. There must just be an intent to deliver.
Homicide: Defenses
1. Excusable Homicide
2. Justifiable Homicide
3. Mitigating Factors
All other crimes: Acronym for remembering
with intent to defraud or injure, one falsely makes or alters a written instrument, OR puts off as true a document known to be forged
Controlled Substant
1. Felony = to deliver, manufacture/possess with intent to deliver
2. Misdemeanor = to posess less than 40g marijuana
3. medical marijuana ok if prescribed by Dr.
4. If dirstribution to someone under 18, sentence will be doubled.
5. Defense for unwitting possession.
Defenses - IDLE MIND
A. Insanity (M’Naghten) – D has a mental defect and he is either unable to perceive nature and quality of act OR know right from wrong. Also a defense if know right from wrong but God told them to do it. Burden on D
B. Duress – committed crime because threatened with immediate death or bodily injury. Not available with homicide.
C. Lawful Use of Force
1. Deadly Force =
a. police may do if without malice and with a good faith belief that it is justifiable when arresting a felon OR preventing escape of inmate, OR lawfully suppressing riot (if armed). There has to be a serious threat of physical harm to officer or another
b. citizen – if for self defense or defense of others. Must have honest and reasonable belief of imminent death or sub. Bodily injury AND force must be proportional. No duty to retreat. First aggressor has no right to SD. Can use to defend property if burglar
2. non-deadly force – may use if honest and reasonable belief in threat of imminent non-deadly force; and force is proportional, no duty to retreat, first aggressor loses right to SD
D. Entrapment – police officer designs crime AND D had no predisposition to commit AND D must prove by preponderance of evidence
E. Merger – Yes = incidental to and elements of. No = independent purpose and effect
F. Intoxication – unable to form mens rea because of intoxication
G. Diminished Capacity – unable to form mens rea because of mental illness or disorder
H. Necessity – if hiking and storm comes, better to break into a cabin to sleep than die in cold
Two or more D's? Think CARS
A. Conspiracy
B. Accomplice liability
C. Rendering Criminal Assistance
D. Solicitation
Burglary: Basic Definition and 1st and second degree and residential burglary
entering or remaining unlawfully in a building, with intent to commit a crime against a person or property therein. Burglary doesn’t merge with other crimes committed in building.
1. First Degree – armed with deadly weapon OR assaults
2. Second Degree – in a building
Residential Burglary (in dwelling) – attached garage counts, not attached – burglary 2nd
Burglary: Vehicular Prowling
1st degree = motor home, motorboat, sailboat with sleeping quarters, 2nd degree = no sleeping quarters
Burglary: Criminal Trespass and Computer Trespass
5. Criminal Trespass (Misd.)– Diff from burglary because there is no intent to commit other crime. 1st degree if in building, 2nd degree if on premises
6. Computer Trespass – intentional and unauthorized access to computer system or electronic database
a. First Degree – if made with intent to commit crime OR computer database maintained by gov.
b. Second degree – misd.
– taking of property from person with force or threat of force
1. First Degree – armed with deadly weapon OR displays what appears to be a deadly weapon OR bodily injury OR robbery against financial institution
2. Second Degree – no deadly weapons, no bodily injury, no financial inst. = like stealing a woman’s ring and running
knowingly obtain or attempt to obtain property/service by threat
1. First Degree – if threat is one of future bodily injury, OR physical damage to prop of another, OR physical confinement or restraint
2. Second Degree – other wrongful threat – like threat to accuse of crime
Assault: Basic Definition
Battery or attempted battery, or intentionally causing apprehension of battery. Look at the intent of D, means used to assault, harm to victim and status of victim
Assault: First Degree
1. First Degree - Intent to inflict great bodily harm AND
c. Use of deadly weapon, or
d. Transmit AIDS, or
e. Inflicts great bodily harm
Assault: Second Degree
2. Second Degree
a. intentionally assaults and recklessly inflicts substantial bodily harm, or
b. intentionally causes serious bodily harm to unborn quick child, or
c. assaults with deadly weapon, or
d. intent to inflict harm, administers poison, or
e. knowingly inflicts bodily harm equivalent to torture
f. assaults another by strangulation
Assault: Third Degree
a. assaults police with intent to resist arrest, or
b. assaults official person (school or transit bus driver, firefighter, police, health care provider), or
c. Assaults a peace officer with a stun gun, or
d. With criminal negligence causes bodily harm with weapon or
e. With criminal negligence, causes substantial pain
Assault: Fourth Degree, Custodial Assault, And Vehicular/Watercraft assault
4. Fourth Degree – everything else (pushing, shoving, slapping. . . etc as long as it is not an official person)
5. Custodial Assault
6. Vehicular/Watercraft assault – causes substantial bodily injury by driving an auto recklessly, or while DUI, or with disregard for the safety of others
Assault: Related Offenses - Reckless endangerment, Drive-by shooting, unlawful discharge of a laser
a. Reckless Endangerment: Recklessly creates substantial risk of death or serious bodily injury
b. Drive-by shooting – if recklessly discharged firearm from or near a car AND creates substantial risk of death or serious injury
c. Unlawful discharge of a laser – 1st degree = v is a police, pilot, firefighter, or bus driver and service is interrupted or impaired. 2nd degee if V is driving a car OR is one of the people listed above and there is a substantial risk of service impairment or interruption.
Kidnapping: Basic Definition
intentional abduction (restrain by secreting or using deadly force). A finding of sexual motivation will elevate kidnapping 2 to a more serious felony.
Kidnapping: First and Second Degree
1. First Degree – intentional abduction with intent to
a. ransom or reward, or
b. facilitate felony, or
c. inflict bodily injury, or
d. inflict extreme mental distress, or
e. interfere with governmental function
2. Second Degree – intentional abduction
Kidnapping: Related Crimes - unlawful imprisonment and custodial interference
3. Unlawful Imprisonment – knowing restraint
4. Custodial Interference - intentionally denying parent or person with lawful custody, access to child
Arson: Basic Definition and First and Second Degree
Knowingly and maliciously causes fire or explosion (could be your own property)
1. First Degree
a. Manifestly dangerous to human life, or
b. Damages dwelling, or
c. In a building with a non-participant person in building, or
d. Insurance scam of 10K or more
2. Second Degree – damage to other real or personal property
Arson: Related Crimes - Reckless burning
3. Reckless Burning
a. First Degree – recklessly damages property by knowingly causing a fire or explosion
b. Second Degree – knowingly causes a fire or explosion, thereby recklessly placing property in danger
Arson: Related Crimes - Malicious Mischief (like arson without the fire)
knowingly and maliciously causes damage to the property of another through means other than fire or explosion. If D owns property entirely, this charge cant be brought
a. First Degree – property more than 5K OR interrupt/impair public service OR impair an aircraft
b. Second Degree – property between 750 and 5K, OR substantial risk of public service interruption
c. Third Degree – property up to 750 OR graffity
Sex Offenses (Rape): First, Second, and Third Degree
1. First Degree – forced intercourse AND
a. use or threat of use of deadly weapon, or
b. kidnaps victim, or
c. inflicts injury including unconsciousness, or
d. forcibly enters building
2. Second Degree – forcible compulsion OR vulnerable victim
3. Third Degree (only marital exemption for this)– no consent OR threat of substantial harm to property rights
Sex Offenses - Rape of a child and child molestation
a. 1st degree = V is less than 12 and D at least 24 months older
b. 2nd degree = V is between 12 and 14, D at least 36 months older
c. 3rd degree = V is between 14 and 16, D is at least 48 months older
d. DEFENSE – Declarations of age by victim, not belief by D.
5. Child Molestation – No intercourse. Same degrees as rape except 36 months for first degree
Sex Offenses - Custodial Misconduct
1st degree = sexual intercourse and D is a correction agency employee, V is a prisoner OR D is a Police officer detaining/arresting V. 2nd degree if same situation but just sexual contact, no intercourse. Defense that the violation resulted from forcible compulsion by the other person
Sex Offenses - Communicating with minor for immoral purposes and failure to register as sex offender
7. Communicating with a minor for immoral purposes – misd. Unless prior felony sexual offense
8. Failure to Register as a Sex Offender – felony if underlying crime was a felony, misd for other offenses
Theft (watch for aggregate amount): Basic definition and first, second, and third degree
– unlawful acquisition or retention of another’s property/services with intent to deprive owner of property/services. Look at value and type of property
1. First Degree - >$5000, OR taken from person of another (really would only work in pickpocket w/o confrontation, OR on duty search and rescue dog
2. Second Degree - $750-$5000, OR public records, OR access devise (e.g. credit card)
3. Third Degree - <$750 OR 10 or more merchandise pallets or beverage crates
Theft: Theft or motor vehicle or firearm
4. Theft of Firearm – value irrelevant
5. Theft of a Motor Vehicle – value irrelevant
Theft - Organized retail theft
6. Organized Retail Theft – commits theft/possesses stolen property with a value at least 750 w/ accomplice. 1st degree = 5K or more; 2nd degree = 750-5K
Theft with intent to resell
worth at least 250 from store w/ intent to resell. 1st degree = 1500 or more, 2nd degree = 250-1500.
Theft: Identity Theft
knowingly having means of ID or financial information with intent to commit or aid or abet any crime. 1st degree = 1500 or more; 2nd degree – up to 1500, including no value. Having an ID to misrepresent age doesn’t count
Theft: Retail Theft with extenuating circumstances
where D leaves through emergency exit, has something designed to overcome security system, has committed theft at 3 or more stores within last 180 days
Theft: Taking a motor vehicle w/o permission
1st degree = intentional takes car of another without permission AND does something to it (sell, take apart, etc). 2nd degree = intentionally takes without permission OR voluntary rides in it, knowing its stolen.
Theft: possession of stolen Property
possessing stolen prop with knowledge it is stolen