Criminal Law Flashcards

1
Q

5 basic premises for a crime

A

Act
Mental State
Concurrence
Causation/Harm
All Laws Written

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2
Q

What is Corpus Delecti?

A

The evidence you need to prove a crime

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3
Q

What does Prosecution have to prove the absence of?

A

Self Defense
Justifiable Homicide

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4
Q

What does Defense have to prove?

A

Insanity- they don’t have the mental capacity to determine right from wrong
Duress- not a defense to murder
Entrapment- you did not form the idea of the crime yourself ( usually blackmailing done by police)
Involuntary Intoxication

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5
Q

Sentence and Fine for Class A felony?

A

Life/$50k

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6
Q

Sentence and fine for Class B

A

10 years/ $20k

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7
Q

Sentence and fine for Class C felony

A

5 years/ $10k

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8
Q

Sentence and fine for gross misdemeanors

A

364 days/ $5k

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9
Q

Sentence and fine for misdemeanor

A

90 days/ $1k

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10
Q

Time to prosecute/limits for murder

A

No limit

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11
Q

Time to prosecute for Rape 1st and 2nd

A

20 years

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12
Q

Time to prosecute for felony by LE/public officers

A

10 years

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13
Q

Time to prosecute for most other felonies

A

3 years

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14
Q

Time to prosecute for gross misdemeanors

A

2 years

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15
Q

Time to prosecute for misdemeanors

A

1 years

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16
Q

What stops the clock for prosecuting?

A

Not residing in WA
Issuing a warrant within time

17
Q

Exceptions to misdemeanor presence rule

A

Harms or threats of harms, unlawful taking of property, criminal trespass 1st or 2nd degree

18
Q

Burg 1/ Class A
Mental State?
Action?
Property?

A

Intent to commit a crime
Enters or remains unlawfully (assaults or armed with deadly weapon
A building/structure

19
Q

Burg 2/Class B
Mental state?
Action?
Property?

A

Intent to commit a crime
Enters or remains unlawfully
A building/structure

20
Q

Residential Burg/Class B
Mental?
Action?
Property?

A

Intent to commit a crime
Enters or remains unlawfully
A dwelling (aka a house does not have wheels)

21
Q

Criminal Trespass 1/ GM
Mental?
Action?
Property?

A

Knowingly
Enters or remains unlawfully
In a BUILDING

22
Q

Criminal trespass2/Mis-D
Mental?
Action?
Property?

A

Knowingly
Enters or remains unlawfully
PREMISES

23
Q

Vehicle Prowl 1/Class C
Mental?
Action?
Property?

A

Intent to commit a crime
Enters or remains unlawfully
Only applies to RV or vessel equipped for living

24
Q

Vehicle prowl 2/ GM
Mental?
Action?
Property?

A

Intent to commit a crime
Enters or remains unlawfully
A vehicle

25
Q

Computer Trespass 1st/Class C
Mental?
Action?
Property?

A

Intent to commit a crime
Intentional & unauthorized access
Computer or database owned by government

26
Q

Interference Of Healthcare Facility
Mental?
Action?
Property?

A

Willful or reckless
Interfere or willful disrupt
Healthcare facility

27
Q

Definition of theft

A

Wrongfully obtain property of another with intent to deprive or by deception

28
Q

Theft 1
Value of property

A

Anything greater than $5000 class B

29
Q

Theft 2
Value of property

A

Greater than $750 less than $5000 or access device class C

30
Q

Theft 3
Value of property

A

Less than 750 GM

31
Q

Malicious mischief 1/ Class B

A

Damage adds to $5000 or more
Government owned property

32
Q

Malicious mischief 2/ Class C

A

More than $750 less than $5000

33
Q

Malicious mischief 3/ GM

A

Knowingly
Writes, paints or draws any inscription figure on public or private building

34
Q

Arson 1/ Class A

A

Knowing and malicious
Dangerous to any human life includes firefighters
Damages to any dwelling if occupied

35
Q

Arson 2/ Class B

A

Anything that’s not 1 damages anything but a dwelling

36
Q

Reckless burning 1/ Class C

A

Damages a a building or structure or any vehicle by knowingly causes a fire or explosion

37
Q

Reckless burning 2/ GM

A

Same as first but on one’s property