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BLEA > Crim Law > Flashcards

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
Q

Common law

A

Portions of law not explicitly defined so it is up to the courts

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26
Q

Levels of courts

A

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)

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27
Q

Incorporation Act

A

Bill of right being implemented at the state level

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28
Q

Equation of Legal Authority

A

Substantive Law + Procedural Law

29
Q

Main Categories of Crimes

A

Attempt (Attempt), Solicitation (Ask), Conspiracy (Agree), Accomplice (Aid)

30
Q

Attempt to commit a X

A

Intent to commit a crime + substantial step toward committing the X (more than mere preparation, more than mere request, corroborates the purpose)

31
Q

Solicit a X

A

Intent to promote or facilitate a crime + offer another $

32
Q

Conspire to commit a X

A

Intent to commit a crime and two or more people agree + substantial step

33
Q

Accomplice to a X

A

Secondary actor intentionally helps or encourages the primary actor (knowledge, solicits, commands, encourages, requests, aids or agrees to aid)

34
Q

Accomplice Defenses

A

Victim, terminates complicity prior to commission of the crime/timely warning to law enforcement

35
Q

Ages for Criminal Responsibility

A

12 and Over = capable of committing a crime

8-11 = presumed incapable of committing a crime

0-7 = incapable of committing a crime

36
Q

Theft

A

Theft 1: Value > $5k or property from a persons

Theft 2: Value $750 - $4,999 or access device

Theft 3: Value <$750

37
Q

Property Crimes

A

Stake, Take, Break, Bake and Fake

38
Q

Buildings

A

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
Q

Vehicle Prowl

A

After 2 convictions, it turns into a felony

39
Q

Theft Definition

A

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
Q

Assault

A

The reasonable belief that battery will occur.

Belief = apprehension or fear

battery = actual touching

39
Q

Assault 4

A

common law crime as it is a misdemeanor

40
Q

Assault 1

A

With intent to inflict great bodily harm (permenant/ death) - With a firearm or deadly weapon/ deadly force - HIV, Poison

40
Q

Assault occurs …

A

Act + intent + harm

Act + intent - harm (miss)

Act + intent + victim has reasonable + imminent fear (ready to happen and means)

40
Q

Assault 2

A

Serious Bodily Harm (temporary) - poison, unborn quick child, torture, strangulation, deadly weapon, intent/recklessly

40
Q

Coercion

A

Threat (to person or property) to control behavior

41
Q

Abandonment

A

Recklessness + abandons (child or dependent w/o means to obtain 1 or more basic necessity of life)

42
Q

Criminal mistreatment

A

Criminal negligence + creates harm by withholding necessities of life to a child or dependent)

43
Q

Stalking

A

Violation of a protection order is usually a misdemeanor, but is a felony if stalking occurs

44
Q

DV Required Responses

A

Fully investigate
Enforce Court Orders
Write & submit report
Exercise arrest powers
Provide resources
Firearms

45
Q

DV Crimes for Mando Arrest

A

Felony Assault, Assault with injury (even if not observed by LE), or threat of serious injury/death

46
Q

Types of Protection Orders

A

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
Q

Mando Arrest - Court Orders

A

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
Q

Class C Felony Violation (court orders)

A

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
Q

Serving Orders

A

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
Q

Mando Arrest for Antiharassment Orders

A

DOES NOT EXIST

51
Q

Rape of a Child

A

Penetration/intercourse with a child

52
Q

Molestation of a Child

A

Sexual contact / or knowingly causes another to have sexual contact with child

53
Q

Exemption / defenses

A

Exemption = doctors and parents (not always tho!!!)

Defense = reasonable belief of age must be expressed by the victim that they are of age

54
Q

Communication with a minor for immoral purposes

A

Must be sexual in nature

Communication must be transmitted and received

55
Q

Only non-mandatory reporters

A

Firefighters

56
Q

Sexual Strike Offenses

A

Class A Felony 1st and 2nd degree

2 Stikes for sex crimes

57
Q

Forcible Compulsion

A

Overcomes resistance, threat/express or implied fear of death or physical injury, fear of kidnapping

57
Q

Elevates Rape 2 to Rape 1

A

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
Q

Rape 2 Circumstances

A

Forcible compulsion or “taking advantage of the situation” (mental state, power dynamic)

59
Q

Mental incapacity

A

at the time of the event, prevents victims understanding of the nature/consequences of the sexual act

Defect, illness, substance, other cause

60
Q

Helpless

A

Unconscious, physically unable to communicate unwillingness to an act

61
Q

Sexual Contact

A

Gratification is presumed (breasts, genitals or anal areas)

Others can count but not presumed

Objects and instruments can count

BLEA (5 decks)

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