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CRIMINAL LAW: ELEMENTS in Washington CRIMINAL LAW: ELEMENTS in Washington

CRIMINAL LAW: ELEMENTS in Washington - PowerPoint Presentation

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CRIMINAL LAW: ELEMENTS in Washington - PPT Presentation

John Marlow and Laura Zippel ELEMENTS OF CRIMINAL LAW P rosecution has to prove ALL the elements of that crime The level of proof that is required is BEYOND A REASONABLE DOUBT M ost criminal laws require that the accused had some level of INTENTION purpose knowledge or re ID: 699286

elements crime person information crime elements information person degree cards game notes firm team harm rcw firms act intent criminal mob human

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Slide1

CRIMINAL LAW:ELEMENTS in Washington

John Marlow and Laura

ZippelSlide2

ELEMENTS OF CRIMINAL LAW

P

rosecution has to prove ALL the elements of that crime. The level of proof that is required is “BEYOND A REASONABLE DOUBT.”

M

ost” criminal laws require that the accused had some level of INTENTION (purpose, knowledge, or recklessness) to commit the crime. This MENTAL element is called the

Mens Rea

.

(On the following slides the

Mens Rea

element will be highlighted in Yellow)

All crimes require an

Actus Reus

as well. That is, a criminal act requires some act or omission of an act on the part of the defendant. (On the following slides the

Actus Reus

elements will be left in White)Slide3

Some More Key Points

Each state has its own laws that define the specific elements, sentences, defenses, etc. for EACH crime.

Many crimes are divided into different “degrees”

These represent levels of seriousness based on the particular circumstances of that crime.

For example:

I

n Washington, a robbery will become “First Degree Robbery” if it involves (a) a deadly weapon, (b) a display of what appears to be a deadly weapon, or (c) the infliction or bodily injury.Slide4

FIRST DEGREE ARSONRCW: 9A.48.020

ELEMENTS:

Knowingly

AND maliciously

causing a fire or explosion

Which is manifestly dangerous to any human life;

OR which damages a dwelling;

OR in any building in which there is at the time a human being who is not a participant in the crime;

OR on property valued at $10,000.00 or more with the intent to collect insurance proceeds

.

NOTES: “

Dwelling”

means any building or structure that

is

occupied

or

is designed

or intended for occupancy

as

a

residence.

RCW 49.60.040

.Slide5

FIRST DEGREE ASSAULTRCW 9A.36.011(1)

ELEMENTS:

A

person acts

with

intent to inflict great bodily

harm

and either:

Assaults another with a deadly weapon or by force

likely

to produce great bodily harm

; OR

A

dministers

, exposes, or transmits to another person, or causes another person to

take

poison, the human immunodeficiency

virus (HIV),

or any other destructive

substance; OR

A

ssaults

another and inflicts great bodily harm

.

NOTES

Under RCW 9A.36 “assault” basically means to cause physical harm

.Slide6

FIRST DEGREE BURGLARYRCW 9A.52.020(1)

ELEMENTS:

A person enters or remains in a building, other than a vehicle or a dwelling;

With intent to commit a crime against a person or property

within

;

And while entering or fleeing, he or she (or another participant in the crime)

is armed with a deadly weapon

OR assaults any person

NOTES:

Under RCW 9A.36 “assault” basically means to cause physical harm.Slide7

CRIMES OF HOMICIDE

Broadly, the

killing of a human being by the act or omission of another, with death occurring at any time.

Washington establishes five classifications of

homicide. For Example:

Murder (1

st

and 2

nd

Degree)

Manslaughter

(1

st

and 2

nd

Degree)

NOTES

:

“Omission”

is defined as not including or doing something (

Merriam-Webster Dictionary

2014

).Slide8

FIRST DEGREE MURDERRCW 9A.32.030(1)

ELEMENTS: (Three Separate Ways to Commit)

(ONE) Killing

with premeditated intent

;

OR

(TWO) Causing

a death by conduct which creates a grave risk of death, under circumstances manifesting an

extreme indifference to human life

; OR

(THREE)

Killing in the course of and in furtherance of or in immediate flight from

committing

or

attempting

to

commit another 1

st

or 2

nd

degree felony:

The

victim cannot be a participant in any of

these felonies

(NO MENS REA REQUIREMENT

HERE

)

NOTES:

Premeditate: consideration or planning of an act

beforehand

(

Merriam-Webster Dictionary

2014).

RCW 9A.32.020:

P

remeditation

must involve “more than a moment in point of time

.”Slide9

FIRST DEGREE MANSLAUGHTERRCW 9A.32.060(1)(a)

ELEMENTS:

Recklessly

C

ausing

a death

NOTES:

A reckless person is aware of and disregards a substantial risk that harm will result.

If

a motor vehicle is involved, the crime is vehicular homicide under RCW 46.61.520

.Slide10

CONSPIRACYRCW 9A.28.040(1)

ELEMENTS:

A person,

acting with intent to engage in conduct that would constitute a crime

,

Agrees with someone else to engage in or cause that conduct.

One of the conspirators must then take a substantial step to further the agreement

NOTES:

RCW

69.50.407 indicates that the maximum punishment for conspiracy

can be set as

the same

for

underlying offense.

REMEMBER: None of the elements for a conspiracy require that the crime ACTUALLY be carried out, just that the agreement

AND a

“substantial step” to do so occur.Slide11

SEATTLE CRIMINAL Law MYSTERY game

Who Can

S

olve

T

he Mystery Crime?Slide12

SCENARIO

The Buzz in the Seattle underground is that something big has just gone down. A HORRIBLE crime has just happened and all the “Seattle Mob Bosses” are talking about it. However, the police have not caught on. One thing is for sure though: None of the Bosses wants to get blamed when the police figure things out. Here is where you come in!

Your team members and you are all part of a private investigator firm that is highly competitive with other firms in the Seattle area. Your firm prides itself on being able to find anyone or solve any case before anyone else.

Each of your firms has been approached by a different “Mob Boss” who wants you to get all the information on this crime first so they can go to the police and see if they can clear their own name and get on the Fuzz’s good side (or use the information as leverage).Slide13

Getting Started

D

raw your confidential client cards and share them ONLY amongst your team members. These cards will include:

Mob Boss Card: The mobster who has offered you a handsome fee. They will provide you with their alibi, showing that they could not have committed the mystery crime.

Neighborhood Information Card: Your client has “eyes” around certain neighborhoods and can offer some special information what has been happening in one of those neighborhoods.

Crime “Tipster” Cards: Anonymous tipsters can help supply information about crimes that helps to narrow the investigation. Your “Mob Boss” has supplied you with two such tips (Either the

Actus Reus

or

Mens Reus

elements of a crime).Slide14

RULES OF THE GAME

The moderators have the confidential case file which contains the ACTUAL identity of the responsible Mob Boss, the exact crime, and the location where it took place with them. THAT means all the game cards that have been distributed to the various teams indicate the persons, locations, and crimes that are NOT part of the solution to this mystery case. As you gain information each round based on your own cards AND tips you learn from other teams, you should cross those answers out on your

G

ame Sheet.

The first team to completely narrow down the possible suspects, neighborhood, and crime

brings

their worksheet to the moderator. If they have ALL the information correct, the moderator will end the game. If not, the moderators will not say anything

and continue the rounds.

Each

individual on a team

should be assigned

BEFORE the investigation starts to go “undercover” and infiltrate one of the competing Private Eye Firms. Slide15

RULES CONTINUED

Each

round teams send 1

member to meet up with

his or her

assigned

undercover firm

(starting with the nearest

moving

clockwise around the room

). The rest of the team remains. While

“undercover”

the “informant” member makes

a guess

about the solution to the game that

includes 3

PIECES

of information. Each piece of

info

can

be EITHER

(

1) who they think committed the crime

, OR

(

2) where the crime was committed,

OR

(

3) which crime was committed

(CONSIDER CONSPIRACY SEPARATELY

from the underlying

crime).

Guesses do not need to include one of each of these and can include any variation of the three.

If

the

responding firm has

a card

with information about ANY

part of the “undercover”

member’s

guess, they

MUST quietly SHOW

that individual

1 of the cards.

T

he firm needs to ONLY show the undercover person

1

card. If the firm possesses NO information about any of the guesses, they only need to say “

S

orry, we don’t have that information.” The

informant

then returns to their team updates

their

worksheets.Slide16

RULES CONTINUED

After

everyone has had the chance to be an

informant

and

returned

to their

own

firm,

the moderators will

quickly ask the class a

trivia question based on past

StreetLaw

lessons. The first team to raise their hand and provide a CORRECT answer will get to see one of the extra game cards that the moderators

are holding.

After the trivia question, the next round will start and the “Private Eye” firms will send off their next informant.

TEAMS WILL NOW DRAW THEIR GAME CARDS.

Each

person has a game worksheet by now and each group should discuss their strategies and game cards prior to starting. Each person should be independently filling out their worksheet as the rounds progress and

MAKING SURE THAT OTHER FIRMS

DO NOT

SEE THAT INFORMATION WHILE MOVING AROUND.Slide17

Some Motivationhttp://

www.youtube.com/watch?v=xz4-aEGvqQM

Quickly strategize and wait for the

moderator to start the

first round.