BLEA 825 Criminal Law Latest 2024 Graded A+

BLEA 825 Criminal Law Latest 2024 Graded A+ Crime Offense for which a sentence of imprisonment is authorized Juvenile vs Minor Juvenile: <18 w/ involvement in legal system Minor: <18 years old Things to Look Out for When Buying a Used Caravan Liability of children <8 years old = incapable of committing a crime 8-12 y.o. = presumed incapable When taking a juvenile into custody they must be: Answer on exam: (E) Both fingerprinted and photographed When arrested for a felony or GM RCW 10.31.100 Gives ofc's authority to arrest. 3 categories that we can arrest for: 1. Felony w/ PC 2. M/GM in our presence 3. Misdemeanor exceptions (it'll be a T/F Q) List 5 misdemeanor exceptions for the exam -Harrasment -DUI -Order violations -Trespass -Reckless driving -Negligent driving -Unlawful taking of property -DWLS -Indecent exposure -Possession of firearm in public school premises 5 levels of a crime Class A: Life/$50,000 Class B: 10Yrs/$20,000 Class C: 5Yrs/$10,000 GM: 364days/$5,000 M: 90days/$1,000 *think of dollar bills: $1, $5, $10, $20 $50 Can laws go retroactive back? No. You can only charge people w/ a crime after the date the law goes into effect. Statues of Limitations M: 1 year GM: 2 years Felonies range from 3+ "Stopping the Clock" on the Statute of Limitations -Suspect leaves state before the end of the limitation. -Warrant issued -If crime committed while suspect is out of state, clock starts when they set foot back. Rule of Corpus Delicti "Body of the Crime" Shows specific loss or injury. Objective, independent, verifiable facts that support the crime. 5 basic tenants of a criminal law 1. Act or omission 2. Mental state 3. Concurrence 4. Causation 5. All laws must be written Omission failure to act Something illegal is not always a crime Like civil infractions, code violations. 4 Mental States (mens rea) i. Intent - highest level of culpability/purpose driven) ii. Knowledge - someone acted while either possessing facts knowing that what they are doing is criminal or posed facts to lead a reasonable person that they should have known iii. Recklessness - knowing the risks and disregarding iv. Negligence - being oblivious to the risks Strict liability holding a defendant liable without a showing of mental state Transferred Intent when a defendant intends to harm one individual, but unintentionally harms a second person When to punch A but instead punched B. Anticipatory offenses -Criminal Solicitation -Conspiracy -Criminal Facilitation -Attempt Conspiracy (accomplice) Taking part in the crime (“hands-on”) 1 or more person: A criminal plan + substantial step. Crime not fully committed Complicity Imposes criminal responsibility on someone a crime committed by someone else because the person intentionally helped or encouraged the primary person to commit the crime Either physical aid (like giving gun to person to shoot) or psychological aid (encourage/reinforce) Criminal attempt Person takes substantial step towards commission of crime. Substantial step is determined by courts on a case-by-case basis. To end one's complicity... (1) give timely warning to LE (2) make an good faith effort to stop the crime Is planning alone enough to constitute criminal attempt? Nope, substantial step is needed. Criminal solicitation Has intent to promote or facilitate someone to commit a crime and gives money or something of value. Defenses include... (proved from preponderance of evidence) Lawful: -Isanity -Involuntary intoxication -Duress -Entrapment Not legal defense: -Voluntary intoxication Duress Participated in crime under compulsion by another who by threat or UOF created in the mind of the person that they would be liable to immediate death or immediate grievous bodily injury Not available as defense in murder, manslaughter, homicide by abuse. Entrapment Originated in the mind of LE officials or any person acting in their direction and person was lured or induced into committing a crime that they did not commit Affirmative defenses Defendant is admitting to it, but claiming they have a legal excuse for it. Must be proved by the defense side and it must be proved by preponderance of the evidence. Ex: involuntary intoxication. Again, duress is not an affirmative defense for.. murder. 5 basic necessities of life Water Food Shelter Clothing Medical Care (3/3) Great bodily harm Probable death or serious permanent disfigurement causing permanent loss or impairment of bodily part or organ (2/3) Substantial harm Temporary but substantial disfigurement, fracture, substantial loss or impairment of any bodily part or organ. Includes broken bones and if the person goes unconscious. Like if someone's punched and they lose consciousness = Assault 2 (1/3) Bodily harm/injury Physical pain or injury, illness, or an impairment of physical condition Deadly weapon Explosive Loaded or unloaded firearm Any other item used in circumstanced to be or treated to be used to cause death/substantial bodily harm Automatically assault 2 Dwelling any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging Property anything of value, whether tangible or intangible, real or personal. Ex of property that is not tangible: intellectual property Necessary No reasonably effective alternative to the UOF appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended. "Necessary" means that, under the totality of the circumstances, a reasonably effective alternative to the use of deadly force does not exist, and that the amount of force used was a reasonable and proportional response to the threat posed to the officer and others. (HB-1310) Building In addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale, or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building Can fenced areas be considered a building? If fence is built enough to keep people out BAARK Felonies Burg 1st Arson 1st and 2nd Robbery 1st and 2nd Rape 1st and 2nd, Kidnapping 1st and 2nd Burglary - Intent to commit a crime against person or property therein -1st Degree [A] Enters or remains unlawfully in building AND armed w/ deadly weapon OR Assaults another -2nd Degree [B] Enters or remains unlawfully in building other than vehicle or dwelling Inference of intent Assumes that person entering somewhere unlawfully is there to commit a crime unless evidence proves otherwise Residential Burglary [B] Enters or remains unlawfully in dwelling other than vehicle (includes when the person just enters an attached garage and covered porches) Criminal Trespass -1st Degree [GM] knowingly enters or remains unlawfully in a building 2nd Degree [M] Knowingly enters or remains unlawfully in or upon premises (includes when a person enters a vehicle just to sleep w/out intent to commit a crime; State v Joseph said a vehicle can be included in "premise") Vehicle Prowling -1st Degree [C] Intent to commit a crime against person or property, enters or remains unlawfully in a motor home or sail equipped for living. -2nd Degree [GM] Intent to commit a crime against person or property, enters or remains unlawfully in a vehicle Malicious Mischief Mental state: knowingly and maliciously 1: Destroy $5k+ or hinders public function 2. Destroy $750-5k 3. Destroy under $750, spray paint Theft Mental state: intent to deprive Unlawfully obtaining property 1: $5k+ 2: $750-5k, access cards 3: $0-750 Assaults - 1st Degree [A] Intent to inflict great bodily harm. Firearm or deadly weapon. - 2nd Degree [B] Intent to inflict substantial bodily harm. Causes substantial bodily harm to unborn quick child. Assaults by strangulation. W/ Sexual motivation is Class A Felony. - 3rd Degree [C] Prevent / Resist process of court officer. Criminal Negligence causes bodily harm. Transit Operator / School Bus Driver / Firefighter / Police / Health Care Provider - 4th Degree [GM] intentionally assaults another. Assault 3 occupations While performing their duties: -Transit operator -School bus driver while performing their duties -Firefighter -LEO -Nurse, Physician, Healthcare provider -Judicial officer, court worker -Person inside a courtroom Custodial Assault Person not guilty of assault 1 or 2 and the person assaults a corrections officer or person working in corrections Assault of a child Child under 13 (12 or younger) 1: intentionally and recklessly inflicts great bodily harm 2: commits Assault 2 OR, causes pain greater than transient pain has previously assaulted child 3: with negligence: bodily harm by means of weapon or object to cause bodily harm; OR, bodily harm harm extending for a period enough to cause suffering. Can charge with "Assault 4" if it does not fall under assault of a child 1, 2, or 3 Hate crime a criminal act against a person or a person's property by an offender motivated by the victims protected class Assaults, Harrasment, and Mal Mis can be a hate crime. Person is charged with hate crime + the other crime they committed Theft of a firearm Theft of a firearm regardless of the value of the firearm Each firearm taken is a separate offense Stalking Repeatedly following, harassing, or threatening an individual. Person is in fear that the stalker intends to injure the person/property. Interference with a health care facility (GM) -Impeding a person from entering the building. -Making noise that unreasonably disturbs. -Trespasses -Repeatedly calling. -Threatening to inflict injury on employees, patients, or property. Robberies Taking personal property by threatened UOF 1: In a robbery: armed or displays deadly weapon, inflicts bodily injury. OR commits robbery against a financial institution 2: lacks aggravating circumstance in 1st. Also called "strong-arm-robbery" Reckless burning Mental state: Knowledge If the person recklessly starts a fire or causes an explosion 1: Damages building/structure/vehicle/property 2: causes danger of destruction/damage to any property If an unintentional fire goes into a shed and there ends up being a person in there, it does not change the charge because suspect did not know a person was in there (no intent). Taking motor vehicle without permission 1: Intentionally taking or driving away the car of another without permission of the owner AND altering, removing parts, exporting, intending to sell, or engaging in a conspiracy to steal cars for profit (for profit). 2: Intent for personal use (joy riding), not necessary to show suspect intended to permanently deprive). With knowledge, voluntarily rides in car with knowledge it was unlawfully taken. Theft of a motor vehicle intent to deprive and steals a vehicle