Title 9A WASHINGTON CRIMINAL CODE
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Report to the Nation on Crime and Justice, Second Edition
U.S. Department of Justice Bureau of Justice Statistics Report to the Nation on Crime and Justice Second edition NCJ-105506, March 1988 U.S. Department of Justice Bureau of Justice Statistics Steven R. Schlesinger Director Marianne W. Zawitz Editor Contents Introduction iii I. The criminal event 1 II. The victim 23 Ill. The offender 39 IV. The response to crime 55 1. An overview 56 2. Entry into the criminal justice system 62 3. Prosecution and pretrial services 71 4. Adjudication 81 5. Sentencing and sanctions 90 6. Corrections 102 V. The cost of justice 113 Index 128 ii Report to the Nation on Crime and Justice Introduction The Bureau of Justice Statistics presents This edition contains additional material this second comprehensive picture of on such common law crimes as homi- crime and criminal justice in the United cide, robbery, and burglary; drunk driv- States. Relying heavily on graphics and ing; white-collar crime; high technology a nontechnical format, it brings together crime; organized crime; State laws that a wide range of data from BJS's own govern citizen use of deadly force; pri- statistical series, the FBI Uniform Crime vate security; police deployment; sen- Reports, the Bureau of the Census, the tencing practices; forfeiture; sentencing National Institute of Justice, the Office outcomes; time served in prison and of Juvenile Justice and Delinquency jail; facilities crowding; recidivism; the Prevention, and many other research cost of crime; and privatization of crimi- and reference sources. Because it ana- nal justice functions. lyzes these and other rich data sources, this report should interest the general Graphic excellence and clarity of public as well as criminal justice practi- expression are the hallmarks of this tioners, researchers, and educators in attempt to assist the Nation as it seeks our high schools and colleges. -
YALE ARCHITECTURE FALL 2011 Constructs Yale Architecture
1 CONSTRUCTS YALE ARCHITECTURE FALL 2011 Constructs Yale Architecture Fall 2011 Contents “Permanent Change” symposium review by Brennan Buck 2 David Chipperfield in Conversation Anne Tyng: Inhabiting Geometry 4 Grafton Architecture: Shelley McNamara exhibition review by Alicia Imperiale and Yvonne Farrell in Conversation New Users Group at Yale by David 6 Agents of Change: Geoff Shearcroft and Sadighian and Daniel Bozhkov Daisy Froud in Conversation Machu Picchu Artifacts 7 Kevin Roche: Architecture as 18 Book Reviews: Environment exhibition review by No More Play review by Andrew Lyon Nicholas Adams Architecture in Uniform review by 8 “Thinking Big” symposium review by Jennifer Leung Jacob Reidel Neo-avant-garde and Postmodern 10 “Middle Ground/Middle East: Religious review by Enrique Ramirez Sites in Urban Contexts” symposium Pride in Modesty review by Britt Eversole review by Erene Rafik Morcos 20 Spring 2011 Lectures 11 Commentaries by Karla Britton and 22 Spring 2011 Advanced Studios Michael J. Crosbie 23 Yale School of Architecture Books 12 Yale’s MED Symposium and Fab Lab 24 Faculty News 13 Fall 2011 Exhibitions: Yale Urban Ecology and Design Lab Ceci n’est pas une reverie: In Praise of the Obsolete by Olympia Kazi The Architecture of Stanley Tigerman 26 Alumni News Gwathmey Siegel: Inspiration and New York Dozen review by John Hill Transformation See Yourself Sensing by Madeline 16 In The Field: Schwartzman Jugaad Urbanism exhibition review by Tributes to Douglas Garofalo by Stanley Cynthia Barton Tigerman and Ed Mitchell 2 CONSTRUCTS YALE ARCHITECTURE FALL 2011 David Chipperfield David Chipperfield Architects, Neues Museum, façade, Berlin, Germany 1997–2009. -
Substantive Criminal Law: Principles and Working 1 Vocabulary
55256_CH01_001_016.pdf:55256_CH01_001_016.pdf 12/18/09 1:58 PM Page 1 CHAPTER Substantive Criminal Law: Principles and Working 1 Vocabulary Key Terms Actual cause Ecclesiastical courts Positive law Actus reus Federalism Precedent Administrative law Felony Preponderance of the evidence Attendant circumstances General intent Procedural law Beyond a reasonable doubt Gross misdemeanor Property crime Burden of proof Injunctive relief Proximate cause But-for test Intervening cause Punitive damage Canon law Jurisdiction Recklessness Capital felony Kings courts Republic Case law Law courts Social contract theory Civil law Least restrictive mechanism Specific intent Code of Hammurabi Legal cause Stare decisis Common law Lesser included offense Statutory law Compensatory damage Mala in se Strict liability Constitutional law Mala prohibita Substantial factor test Constructive intent Mens rea Substantive law Corpus delicti Misdemeanor Tort Courts of equity Misprision of felony Tortfeasor Crime Natural law Transferred intent Criminal law Negligence Uniform Crime Reports Culpable Nulla poena sine lege Violation Declaratory relief Ordinance Violent crime Democracy Ordinary misdemeanor Wobblers Deviance Petty misdemeanor Introduction This chapter explores and describes the founda- tions of American criminal law. While progressing From the genesis of time, human beings have sought through its content, readers are informed of the to establish guidelines to govern human behavior. In extent to which serious crime occurs in America. ancient civilizations, rules were derived from morals, Readers will also develop an appreciation for the customs, and norms existing within society. Thus, in Republic form of government used in this nation most societies, modern laws evolved from a loose and how social contract theory guides the construc- set of guidelines into a formal system of written tion of criminal law. -
Casenotes: Criminal Law—Homicide—Felony-Murder—Felon Is
University of Baltimore Law Review Volume 9 Article 9 Issue 3 Spring 1980 1980 Casenotes: Criminal Law — Homicide — Felony- Murder — Felon Is Culpable for Murder in the First Degree under Maryland's Felony-Murder Statute When Police Officer Kills Kidnapped Hostage Used by Felon as Human Shield. Jackson v. State, 286 Md. 430, 408 A.2d 711 (1979) John A. Roberts University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Roberts, John A. (1980) "Casenotes: Criminal Law — Homicide — Felony-Murder — Felon Is Culpable for Murder in the First Degree under Maryland's Felony-Murder Statute When Police Officer Kills Kidnapped Hostage Used by Felon as Human Shield. Jackson v. State, 286 Md. 430, 408 A.2d 711 (1979)," University of Baltimore Law Review: Vol. 9: Iss. 3, Article 9. Available at: http://scholarworks.law.ubalt.edu/ublr/vol9/iss3/9 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. CRIMINAL LAW - HOMICIDE - FELONY-MURDER - FELON IS CULPABLE FOR MURDER IN THE FIRST DEGREE UNDER MARYLAND'S FELONY-MURDER STATUTE WHEN POLICE OFFICER KILLS KIDNAPPED HOSTAGE USED BY FELON AS HUMAN SHIELD. JACKSON v. STATE, 286 Md. 430, 408 A.2d 711 (1979). At common law, when one commits homicide while perpetrating a felony, the felony-murder rule raises that homicide to murder.' In Maryland, when a person commits murder in the perpetration of one or more statutorily-enumerated felonies, that murder is in the first degree under the state's felony-murder statute.2 Maryland courts have readily applied this statute when the felon has struck the fatal blow.' Recently, in Jackson v. -
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2011 No. 09-41064 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. THOMAS GORE, Defendant–Appellant. Appeal from the United States District Court for the Eastern District of Texas Before HIGGINBOTHAM, CLEMENT, and OWEN, Circuit Judges. PRISCILLA R. OWEN, Circuit Judge: In this direct appeal Thomas Gore contends that his prior Texas conviction for conspiracy to commit aggravated robbery is not a violent felony within the meaning of the Armed Career Criminal Act (ACCA)1 and that the district court erred in sentencing him as a career offender. We affirm. I Gore pled guilty to possessing a firearm after being convicted of a felony, in violation of 18 U.S.C. § 922(g). The presentence report recommended that the 1 18 U.S.C. § 924(e). Case: 09-41064 Document: 00511425053 Page: 2 Date Filed: 03/25/2011 No. 09-41064 district court sentence Gore as a career offender pursuant to the ACCA based on Gore’s three prior state convictions, two for serious drug offenses and the other for conspiracy to commit aggravated robbery. Gore objected to the presentence report, arguing that conspiracy to commit aggravated robbery is not a violent felony under the ACCA and that he therefore should be sentenced within a Guidelines range of 33-41 months of imprisonment. The district court overruled the objection and sentenced Gore to 180 months of imprisonment. -
9.04 General Provisions--Penalties
Chapter 9.04 GENERAL PROVISIONS--PENALTIES Sections: 9.04.010 Short title. 9.04.020 Applicability of title. 9.04.030 Crime classifications. 9.04.040 Limitation of actions. 9.04.050 Criminal attempt. 9.04.060 Aiding and abetting. 9.04.070 Each day a separate violation. 9.04.080 Description of offense. 9.04.010 Short title. This title, hereinafter referred to as "this code" shall be known and may be cited as the Benton City criminal code and shall become effective as provided in the ordinance codified in this title. (Ord. 325, 1978.) 9.04.020 Applicability of title. A. The provisions of this code shall apply to any offense which is defined in this code or the general ordinances, committed on or after the effective date of the ordinance codified in this title, unless otherwise expressly provided or unless the context otherwise requires. B. The provisions of this code do not apply to nor govern the construction of any punishment for any offense committed prior to the effective date of this code. Such an offense shall be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. (Ord. 325, 1978.) 9.04.030 Crime classifications. A. A crime is a gross misdemeanor when so designated in this code or by other ordinance of the city. A gross misdemeanor is punishable upon conviction thereof by a fine of not more than five hundred dollars or by imprisonment in jail for not more than six months, or by both such fine and imprisonment. -
Archived Content Contenu Archivé
ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. HISTORY OF THE LAW FOR JUVENILE DELINQUENTS No. 1984-56 Ministry of the Solicitor General of Canada Secretariat Copyright of this document does not belong to the Cffln. Proper authorization must be obtained from the author fa any intended use. Les droits d'auteur du présent document n'appartiennent pas à i'État. -
595 an Empirical Study of Terrorism Prosecutions in Canada
EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA 595 AN EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA: ELUCIDATING THE ELEMENTS OF THE OFFENCES MICHAEL NESBITT* AND DANA HAGG** It has now been over 15 years since Canada enacted the Anti-Terrorism Act, codifying what we think of today as Canada’s anti-terrorism criminal laws. The authors set out to canvass how these provisions have been judicially interpreted since their inception through an empirical analysis of court decisions. After exploring how courts have settled initial concerns about these provisions with respect to religious and expressive freedoms, the authors suggest that courts’ interpretations of Canada’s terrorism offences still leave us with many questions, particularly with respect to the facilitation and financing offences. The authors explore these questions and speculate about future challenges that may or may not be successful with the hopes of providing guidance to prosecutors and defence lawyers working in this area. TABLE OF CONTENTS I. INTRODUCTION ............................................. 595 II. TERRORISM PROSECUTIONS TO DATE ............................ 599 III. JUDICIAL INTERPRETATIONS OF THE ELEMENTS OF TERRORISM OFFENCES .................................... 608 A. DEFINITIONS (SECTION 83.01)............................. 608 B. OFFENCES ............................................ 620 IV. CONCLUSIONS AND FUTURE CONSIDERATIONS ....................... 647 I. INTRODUCTION It has now been over 15 years since Canada expeditiously enacted the Anti-Terrorism -
Mens Rea in Minnesota and the Model Penal Code Ted Sampsell-Jones William Mitchell College of Law, [email protected]
Mitchell Hamline School of Law Mitchell Hamline Open Access Symposium: 50th Anniversary of the Minnesota Mitchell Hamline Events Criminal Code-Looking Back and Looking Forward 2013 Mens Rea in Minnesota and the Model Penal Code Ted Sampsell-Jones William Mitchell College of Law, [email protected] Follow this and additional works at: http://open.mitchellhamline.edu/symposium-minnesota- criminal-code Part of the Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Sampsell-Jones, Ted, "Mens Rea in Minnesota and the Model Penal Code" (2013). Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward. Paper 4. http://open.mitchellhamline.edu/symposium-minnesota-criminal-code/4 This Article is brought to you for free and open access by the Mitchell Hamline Events at Mitchell Hamline Open Access. It has been accepted for inclusion in Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. DRAFT Mens Rea in Minnesota and the Model Penal Code Ted Sampsell-Jones I. Introduction When Minnesota engaged in the great reform and recodification effort that led to the Criminal Code of 1963, it was part of a nationwide reform movement. That movement was spurred in large part by the American Law Institute and its Model Penal Code. The Minnesota drafters were influenced by the MPC, and at least in some areas, adopted MPC recommendations. The MPC’s most significant innovation was in the law of mens rea—the body of law concerning the mental state or “guilty mind” necessary for criminal liability. -
CRIME How to Respond to Unlawful Behaviour Crime Is an Undeniable Part of Our Lives; Unfortunately We May Find Ourselves Victims
CRIME How to respond to unlawful behaviour Crime is an undeniable part of our lives; unfortunately we may find ourselves victims, perpetrators or witnesses of illegal actions varying in severity. To better understand the legality of certain actions (and inactions) is to be able to make ethical decisions to improve the safety in our communities. Are all crimes the same? NO. There are two categories of offences in the Criminal Code: indictable and summary. The category determines the jurisdiction of trial courts (provincial or superior), the possibility of having a jury trial or a preliminary inquiry, the application of limitation periods and the default maximum penalties. Summary offences are commonly known as the lesser offences. They carry a default maximum penalty (i.e. if not specified in the provision) of 6 months imprisonment and/or 5 000$ fine. They are subject to a limitation period of 6 months to start the prosecution. Indictable offences are commonly known as the most serious offences. They carry a default maximum penalty of 5 years imprisonment. Subject to certain exceptions, there is no statute of limitations. What do I do if I witness a crime? Contact the police as early as possible. Write down any information you can remember to give a complete account to the police or in case you are called to testify at court. If you have any concerns, you should consult a lawyer. What if I committed a crime but didn’t know that it was illegal at the time? As stated by s. 19 of the Criminal Code, “ignorance of the law by a person who commits an offence is not an excuse for committing that offence.” What if I just helped someone commit a crime? (i.e. -
In the Supreme Court of Iowa
IN THE SUPREME COURT OF IOWA No. 09–0142 Filed May 13, 2011 STATE OF IOWA, Appellee, vs. DALEVONTE DAVELLE HEARN, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. Defendant seeks further review of decision affirming district court judgment finding defendant guilty of robbery, theft, and felony eluding. DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED. Mark C. Smith, State Appellate Defender, and Nan Jennisch, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Michael J. Walton, County Attorney, and Jerald L. Feuerbach, Assistant County Attorney, for appellee. 2 APPEL, Justice. Dalevonte Hearn was convicted after a bench trial of robbery, theft, and felony eluding. The district court found that he aided and abetted a carjacking in a Davenport Wal-Mart parking lot and then committed felony eluding by attempting to escape police officers who were responding to the scene. Hearn argues there is insufficient evidence to link him to the robbery and theft. He also argues that even if he participated in the carjacking, he had withdrawn from the scene prior to the police chase and therefore did not meet the requirements of felony eluding. The court of appeals upheld all three convictions. We granted further review. I. Background Facts and Prior Proceedings. Delores Morgan was parked in the Davenport Wal-Mart parking lot on West Kimberly Road when two males approached her car, told her to get out, took her keys, and drove off in her red 1994 Pontiac Grand Am. -
House Bill Report Hb 1499
HOUSE BILL REPORT HB 1499 As Reported by House Committee On: Public Safety Title: An act relating to vulnerable adults. Brief Description: Concerning vulnerable adults. Sponsors: Representatives Goodman, Jinkins, Johnson, Orwall, Appleton, Lytton and Tharinger. Brief History: Committee Activity: Public Safety: 1/28/15, 1/30/15 [DPS], 1/19/16, 1/22/16 [DP3S]; General Government & Information Technology: 2/20/15, 2/24/15 [DP2S(w/o sub PS)]. Brief Summary of Third Substitute Bill Makes it a Criminal Mistreatment offense when a person, with criminal negligence (instead of recklessly) withholds the basic necessities of life from a child or dependent person. Creates the crime of Theft from a Vulnerable Adult in the first and second degree. Adds the crimes of Criminal Mistreatment and Theft from a Vulnerable Adult to the list of crimes against persons. Limits the statute of limitations for the crime of Theft from a Vulnerable Adult to six years. HOUSE COMMITTEE ON PUBLIC SAFETY Majority Report: The third substitute bill be substituted therefor and the third substitute bill do pass. Signed by 7 members: Representatives Goodman, Chair; Orwall, Vice Chair; Klippert, Ranking Minority Member; Appleton, Griffey, Moscoso and Wilson. Staff: Yvonne Walker (786-7841). Background: –––––––––––––––––––––– This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. House Bill Report - 1 - HB 1499 Criminal Mistreatment. A person commits Criminal Mistreatment if he or she: is the parent of a child, is a person entrusted with the physical custody of a child or dependent person, or is employed to provide a child or dependent person with the basic necessities of life; and withholds the basic necessities of life from the child or dependent person.