Criminal Law Flashcards
5 basic premises for a crime
Act
Mental State
Concurrence
Causation/Harm
All Laws Written
What is Corpus Delecti?
The evidence you need to prove a crime
What does Prosecution have to prove the absence of?
Self Defense
Justifiable Homicide
What does Defense have to prove?
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
Sentence and Fine for Class A felony?
Life/$50k
Sentence and fine for Class B
10 years/ $20k
Sentence and fine for Class C felony
5 years/ $10k
Sentence and fine for gross misdemeanors
364 days/ $5k
Sentence and fine for misdemeanor
90 days/ $1k
Time to prosecute/limits for murder
No limit
Time to prosecute for Rape 1st and 2nd
20 years
Time to prosecute for felony by LE/public officers
10 years
Time to prosecute for most other felonies
3 years
Time to prosecute for gross misdemeanors
2 years
Time to prosecute for misdemeanors
1 years
What stops the clock for prosecuting?
Not residing in WA
Issuing a warrant within time
Exceptions to misdemeanor presence rule
Harms or threats of harms, unlawful taking of property, criminal trespass 1st or 2nd degree
Burg 1/ Class A
Mental State?
Action?
Property?
Intent to commit a crime
Enters or remains unlawfully (assaults or armed with deadly weapon
A building/structure
Burg 2/Class B
Mental state?
Action?
Property?
Intent to commit a crime
Enters or remains unlawfully
A building/structure
Residential Burg/Class B
Mental?
Action?
Property?
Intent to commit a crime
Enters or remains unlawfully
A dwelling (aka a house does not have wheels)
Criminal Trespass 1/ GM
Mental?
Action?
Property?
Knowingly
Enters or remains unlawfully
In a BUILDING
Criminal trespass2/Mis-D
Mental?
Action?
Property?
Knowingly
Enters or remains unlawfully
PREMISES
Vehicle Prowl 1/Class C
Mental?
Action?
Property?
Intent to commit a crime
Enters or remains unlawfully
Only applies to RV or vessel equipped for living
Vehicle prowl 2/ GM
Mental?
Action?
Property?
Intent to commit a crime
Enters or remains unlawfully
A vehicle