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Crim Law Flashcards

1
Q

Trier of the law

A

Judge

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2
Q

Trier of Facts

A

Jury

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3
Q

Judge made an error of law

A

Appeal

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4
Q

Needed to investigate

A

Reasonable Suspicion

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5
Q

Needed for arrest

A

Probable Cause

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6
Q

Probable Cause

A

Facts and circumstances within the officer’s knowledge that cause a person of reasonable cation to believe a crime has been committed

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7
Q

Elements of a Crime

A

Harm, Act, Mental State

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8
Q

IRAC

A

Issue, Rule of Law, Application, Conclusion

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9
Q

Which branch defines crime

A

Legislative

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10
Q

Which branch identifies or enforces laws in relation to crime

A

Executive (LE)

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11
Q

Which branch interprets crime

A

Judicial

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12
Q

Five Basic Premises of Criminal Law

A

Act (or omission), Mental State, Concurrence (act & ms must coincide), Causation (Act & Ms cause harm to person or society), All laws must be written to put people on notice

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13
Q

Mental State: Knowledge

A

Committing an act, but you do it anyway

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14
Q

Mental State: Recklessness

A

Knows of substantial risk of a wrongful act will occur but does it anyway

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15
Q

Mental State: Criminal Negligence

A

Failed to be aware of a substantial risk but should be aware whether you can be charged with a crime and what crime.

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16
Q

Mental State: Intent

A

Objective purpose to commit an act that becomes a crime

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17
Q

Direct Intent

A

Requires evidence of the senses

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18
Q

General Intent

A

Meant to do the act

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19
Q

Specific Intent

A

The means to achieve a result (the crime)

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20
Q

Corpus Delicti

A

Body of the crime - evidence outside of a confession

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21
Q

Duress

A

Not a valid defense for murder, manslaughter, murder by abuse

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22
Q

Felony Penalties

A

Class A (Life / $50k), Class B (10 years / $20k), Class C (5 years / $10k) … Any felony by an officer that breaches oath of law, it is a 10-year statute of limitations

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23
Q

RCW 10.31.100

A

Misdemeanor Presence Rule

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24
Q

Misdemeanor Penalties

A

Gross (364 days / $5k), Misdemeanor (90 days / $1k) …. No gross misdemeanor may be prosecuted 2 years after its commission

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25
Common law
Portions of law not explicitly defined so it is up to the courts
26
Levels of courts
Supreme Court -> Appellate Court -> Trial Court -> Misdemeanor Court Precedent from the supreme court binds all courts Persuasive authority (if there is no specific guidance where there is a decision in the line of authority)
27
Incorporation Act
Bill of right being implemented at the state level
28
Equation of Legal Authority
Substantive Law + Procedural Law
29
Main Categories of Crimes
Attempt (Attempt), Solicitation (Ask), Conspiracy (Agree), Accomplice (Aid)
30
Attempt to commit a X
Intent to commit a crime + substantial step toward committing the X (more than mere preparation, more than mere request, corroborates the purpose)
31
Solicit a X
Intent to promote or facilitate a crime + offer another $
32
Conspire to commit a X
Intent to commit a crime and two or more people agree + substantial step
33
Accomplice to a X
Secondary actor intentionally helps or encourages the primary actor (knowledge, solicits, commands, encourages, requests, aids or agrees to aid)
34
Accomplice Defenses
Victim, terminates complicity prior to commission of the crime/timely warning to law enforcement
35
Ages for Criminal Responsibility
12 and Over = capable of committing a crime 8-11 = presumed incapable of committing a crime 0-7 = incapable of committing a crime
36
Theft
Theft 1: Value > $5k or property from a persons Theft 2: Value $750 - $4,999 or access device Theft 3: Value <$750
37
Property Crimes
Stake, Take, Break, Bake and Fake
38
Buildings
Dwellings, fenced areas, any structure used for lodging, vehicles, motor homes, railway cars, cargo containers, structures used for the use /sale/deposit of goods
39
Vehicle Prowl
After 2 convictions, it turns into a felony
39
Theft Definition
3 parts in RCW, Part C emphasized ... To appropriate lost or mis-delivered property ... intent to deprive him or her of such property or services
39
Assault
The reasonable belief that battery will occur. Belief = apprehension or fear battery = actual touching
39
Assault 4
common law crime as it is a misdemeanor
40
Assault 1
With intent to inflict great bodily harm (permenant/ death) - With a firearm or deadly weapon/ deadly force - HIV, Poison
40
Assault occurs ...
Act + intent + harm Act + intent - harm (miss) Act + intent + victim has reasonable + imminent fear (ready to happen and means)
40
Assault 2
Serious Bodily Harm (temporary) - poison, unborn quick child, torture, strangulation, deadly weapon, intent/recklessly
40
Coercion
Threat (to person or property) to control behavior
41
Abandonment
Recklessness + abandons (child or dependent w/o means to obtain 1 or more basic necessity of life)
42
Criminal mistreatment
Criminal negligence + creates harm by withholding necessities of life to a child or dependent)
43
Stalking
Violation of a protection order is usually a misdemeanor, but is a felony if stalking occurs
44
DV Required Responses
Fully investigate Enforce Court Orders Write & submit report Exercise arrest powers Provide resources Firearms
45
DV Crimes for Mando Arrest
Felony Assault, Assault with injury (even if not observed by LE), or threat of serious injury/death
46
Types of Protection Orders
DV, SAPO (non-consensual sexual contact/intercourse), VAPO (abandonment/neglected/abused/threat of the prior 3), Stalking (without purpose and caused reasonable duress), ERPO (enough danger to oneself), Family (abuse or threat in family cases)
47
Mando Arrest - Court Orders
DV (any violation), Child Abuse PO (any violation), ERPO (violation of firearm possession/control or access attempt), Violation of any order in relation to act or threat of violence, Violation of order that specifies grounds that are off limits, Violation of a restraint provisions on any order
48
Class C Felony Violation (court orders)
1.) Violation of most listed court orders by an assault 4th degree or by reckless endangerment 2.) If suspect has two prior convictions for violations of most listed court orders (need not be the same victim)
49
Serving Orders
Verify Order (Date, expiration, signed?) Review Order (Type/terms) Review (supporting data / LEIS) Serve Respondent (Safely and in timely manner) Document (attempts, return of service)
50
Mando Arrest for Antiharassment Orders
DOES NOT EXIST
51
Rape of a Child
Penetration/intercourse with a child
52
Molestation of a Child
Sexual contact / or knowingly causes another to have sexual contact with child
53
Exemption / defenses
Exemption = doctors and parents (not always tho!!!) Defense = reasonable belief of age must be expressed by the victim that they are of age
54
Communication with a minor for immoral purposes
Must be sexual in nature Communication must be transmitted and received
55
Only non-mandatory reporters
Firefighters
56
Sexual Strike Offenses
Class A Felony 1st and 2nd degree 2 Stikes for sex crimes
57
Forcible Compulsion
Overcomes resistance, threat/express or implied fear of death or physical injury, fear of kidnapping
57
Elevates Rape 2 to Rape 1
Use of deadly weapon or appearance of a deadly weapon Kidnaps the victim Inflicts serious physical harm Feloniously enters into the building or vehicle
58
Rape 2 Circumstances
Forcible compulsion or "taking advantage of the situation" (mental state, power dynamic)
59
Mental incapacity
at the time of the event, prevents victims understanding of the nature/consequences of the sexual act Defect, illness, substance, other cause
60
Helpless
Unconscious, physically unable to communicate unwillingness to an act
61
Sexual Contact
Gratification is presumed (breasts, genitals or anal areas) Others can count but not presumed Objects and instruments can count

BLEA (6 decks)

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