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
Computer Trespass 1st/Class C Mental? Action? Property?
Intent to commit a crime Intentional & unauthorized access Computer or database owned by government
26
Interference Of Healthcare Facility Mental? Action? Property?
Willful or reckless Interfere or willful disrupt Healthcare facility
27
Definition of theft
Wrongfully obtain property of another with intent to deprive or by deception
28
Theft 1 Value of property
Anything greater than $5000 class B
29
Theft 2 Value of property
Greater than $750 less than $5000 or access device class C
30
Theft 3 Value of property
Less than 750 GM
31
Malicious mischief 1/ Class B
Damage adds to $5000 or more Government owned property
32
Malicious mischief 2/ Class C
More than $750 less than $5000
33
Malicious mischief 3/ GM
Knowingly Writes, paints or draws any inscription figure on public or private building
34
Arson 1/ Class A
Knowing and malicious Dangerous to any human life includes firefighters Damages to any dwelling if occupied
35
Arson 2/ Class B
Anything that’s not 1 damages anything but a dwelling
36
Reckless burning 1/ Class C
Damages a a building or structure or any vehicle by knowingly causes a fire or explosion
37
Reckless burning 2/ GM
Same as first but on one’s property