Term
| CIVIL COMMITMENT LAW IN WASHINGTON |
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Definition
| Take people convicted of sex offenses who are about to get released and hasn’t been doing well in treatment. They can ask the jury to find that the person has a mental disease that has not been treated and that he needs to be kept |
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Term
| 2 STRIKE LAW IN WASHINGTON. |
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Definition
| Applies to sex offenders, only get 2 convictions on sex offenses to be sentenced for life. |
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Term
| 3 STRIKES LAW IN WASHINGTON. |
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Definition
Car theft is not a strike, only about 25-30 offenses are strikes: Assault 2’s robbery 2’s, murder, rape. Serious crimes against PEOPLE.
-Man robs 7 stores in a week and is caught and convicted. Only counts as 1 strike because it is only 1 conviction. |
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Term
| WASHINGTON’S SENTENCING GRID |
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Definition
THERE IS NO “PAROLE” (indeterminate sentencing). You know when you leave jail when you are supposed to get out IS KNOWN AS DETERMINATE SENTENCING.
WHY = TREAT PEOPLE THE SAME LESS DISCRETION FOR THE COURTS |
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Term
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Definition
DON’T TRY IT, YOU’LL JUST GET HURT.
HOW LONG WILL I SPEND IN JAIL? Rob T. shot and murdered for attempting to intervene. |
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Term
| ARREST: MAY OCCUR IN A VARITY OF SITUATIONS: |
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Definition
1. FELONY COMMITTED IN PRESENCE OF OFFICER;
2.SOME MISD. COMMITTED IN PRESENCE OF OFFICER;
3.ANY DV CRIME (MANDATORY) IF CONTACT W/DEF. W/IN 4 HOURS OF EVENT; + probable cause to believe you committed a crime.
4.ANY ACCUSATION BY A PRIVATE PERSON THAT D COM. A FEL (W/PC);
5. ANY FILED CHARGED W/ AN ARREST WARRANT (I.E. BAIL) |
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Term
| WHAT PROCEDURES LEAD TO A CRIMINAL TRIAL: FEDERAL |
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Definition
US ATTY REQUESTS A FEDERAL MAGISTRATE TO SIGN A COMPLAINT,
WHICH ALLOWS THE SUSPECT TO BE ARRESTED.
FOR MISD. / US ATTY PREPARES INFORMATION / SIGNED BY JUDGE
FOR FELONY. / US ATT CONVENES A GRAND JURY (12-23 CITIZENS), PRESENTS EVIDENCE, AND ASKS THE GRAND JURY TO RETURN AN INDICTMENT. |
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Term
| WHAT PROCEDURES LEAD TO A CRIMINAL TRIAL: WASHINGTON : STATE/LOCAL: |
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Definition
POLICE SWEAR OUT A STATEMENT, CALLED A CERTIFICATION FOR
DETERMINATION OF PROBABLE CAUSE, WHICH IS TRANSMITTED TO THE PROSECUTING ATTORNEY, OR MUNICIPAL ATTORNEY;
PROSECUTOR REVIEWS THIS FORM TO INSURE THAT THE ALLEGATION
CONTAINS SUFFICIENT PROBABLE CAUSE, AND THAT ALL THE ELEMENTS OF THE CRIME ARE MET; PROS. PREPARES A COMPLAINT (MISD) OR INFORMATION (FELONY) INCLUDING THE SPECIFIC CHARGE, CORRECT CITATION TO THE APPROPRIATE STATUTE, AND SENDS THIS TO A JUDGE
JUDGE REVIEWS THE CERTIFICATION (FROM THE OFFICER) TOGETHER WITH THE INFORMATION OR COMPLAINT PREPARED BY THE PROS. AND APPROVES / REJECTS THE CHARGE
IF APPROVED, AN ARREST WARRANT IS ISSUED IF THE DEF. IS OUT OF CUSTODY, OR THE PERSON IF IN CUSTODY IS HELD OVER UNTIL HE IS ARRAIGNED (FORMALLY ADVISED, IN COURT, OF THE PENDING CHARGES). |
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Term
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Definition
1 RESTITUTION (BUT ONLY FOR DAMAGES, NOT TIME WASTED IN CLEANING UP AFTER THE CRIME). But then victim can file civil suit to get damages for things other than the restitution given in the criminal case.
2 MAY SPEAK AT SENTENCING.
3 NO CONTACT ORDER. |
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Term
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Definition
| NATURAL FORCE CAUSES YOU TO COMMIT CRIME THAT IS LESSER OF TWO EVILS. THINK ABOUT SURVIVORS OF HURRICANE KATRINA AND THE CHOICES THAT THEY FACED. |
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Term
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Definition
FORCED PARTICIPATION IN A CRIME (THE PATTY HEARST) THIS MAY NEGATE THE INTENT INHERENT IN CRIMINAL ACTS.
IT IS A QUESTION FOR THE JURY. |
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Term
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Definition
IT IS A DEFENSE IF THE CRIMINAL ACT ORIGINATED IN THE MIND OF THE POLICE AND THE ACTOR WAS LURED OR INDUCED TO COMMIT THE CRIME THAT THE ACTOR HAD NOT OTHERWISE INTENDED TO COMMIT.
DEFENDANT HAS THE BURDEN OF PROVING THIS AFFIRMATIVE DEFENSE BY A PREPONDERANCE OF THE EVIDENCE. |
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Term
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Definition
CAN’T FORM THE REQUIRED MENTAL INTENT TO BE FOUND CULPABLE FOR THE CRIME.
DELUSIONS, DRUGS OR ALCOHOL ALL MAY AFFECT SOMEONE, AND MAKE IT DIFFICULT TO ACT INTENTIONALLY.
BEING DRUNK IS NOT A DEFENSE UNLESS YOU CAN SHOW IT MEETS BURDEN OF DIMINISHED CAPACITY |
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Term
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Definition
(NO GUNS)
INSIDER TRADING
WHO IS THE VICTIM IN AN INSIDER TRADING SCAM? |
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Term
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Definition
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Term
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Definition
AGREEING TO SELL SEX FOR $
PATRONIZING(guy trying to get prostitute)/SOLICITING (girl offering it)
OFFER AND ACCEPTANCE
IF BOTH AGREE, SHOULD IT BE CRIMINAL? |
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Term
| CRIMES AGAINST PUBLIC HEALTH, SAFETY, WELFARE – VICTIMLESS(?) CRIMES. |
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Definition
VUCSA: POSSESSION (EVERYTHING EXCEPT <40 GRAMS WEED
IS A FELONY. STUDENT LOANS AT RISK.
POSSESSION W/INTENT. DELIVERY. Have scales, baggies, etc.
DELIVERY (NOT LIMITED TO SALES) Sale of marijuana would get you 0-6 months, but plenty of things to get you more. For example, selling at a school, park, bus, selling to kids, etc. You don’t have to sell it, all you have to do is deliver it.[
METHAMPHETAMINE LABS / CONSEQUENCES currently one of most serious drug crimes, will be prosecuted to fullest extent to keep you off the street, 6-7 years |
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Term
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Definition
| REPEATEDLY FOLLOWING SOMEONE |
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Term
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Definition
CLASS OF CRIMES. MARRIED, HOUSEHOLD MEMBERS, DATING (ONCE) OR PREVIOUSLY DATED. GIVES THE COURT MORE SENTENCING OPTIONS,
NO FIREARMS; DV TX; NCO Can not get convicted for crime of domestic violence Put the DV post script of a crime if the relationship was one of the previous. That gives the sentencing court more options |
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Term
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Definition
| FORCIBLE SEXUAL CONTACT WITH ANOTHER, BUT NOT INTERCOUSE. |
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Term
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Definition
| VICTIM’S SEXUAL HISTORY NOT ADMISSIBLE AT TRIAL. Prevents people from intimidating rape accusers with threat to bring in many people relevant to her sexual history, or other rape cases she was involved in. Gets iffy when the woman is a known prostitute. |
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Term
| PROSECUTORIAL DISCRETION: |
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Definition
| THE PROSECUTOR DOES NOT HAVE TO FILE CHARGES, AND CAN CHOOSE THE CRIME HE WANTS TO PURSUE. WHAT IS THE POLITICAL CHECK AND BALANCE TO THIS? Implies discretion at every level. People can vote him out. |
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Term
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Definition
FELONIES = CRIMES PUNISHABLE BY MORE THAN A YEAR IN PRISON (STATE/FED). CAPITAL CRIMES = ELIGIBLE FOR THE DEATH PENLTY
MISDEMEANORS = CRIMES PUNISHABLE BY UP TO A YEAR IN JAIL (FED., LOCAL, MUNI.) |
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Term
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Definition
1. PRINCIPALS = THEY OFTEN “RUN THE SHOW” AND ARE THOUGHT TO BE MOST RESPONSIBLE, OR CULPABLE.
2. ACCOMPLICES = HELPERS.
DAD WAITING IN CAR FOR KIDS TO STEAL THE BATS. |
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Term
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Definition
ATTEMPTS
ATTEMPT: TAKING A SUBSTANTIAL STEP TOWARD THE COMPLETION OF THE CRIME (AARON LORD)
IN WASHINGTON, ATTEMPTS ARE PUNISHED AT 75% OF THE COMPLETED CRIME. |
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Term
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Definition
| JUST DOING THE ACT (RESTAURANT QUALITY) |
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Term
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Definition
NO INTENT, BUT NEGLIGENT CONDUCT = MANSLAUGHTER 2
EXAMPLE: NEGLIGENT DRIVING, a step lower, stupid but not as stupid as recklessness |
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Term
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Definition
NO INTENT, BUT RECKLESS CONDUCT / MAN. 1
RECKLESS ENDANGERMENT
EXAMPLE: RECKLESS DRIVING, doing something really stupid and someone is hurt. |
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Term
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Definition
DESIRE TO ACTUALLY WANT TO HARM SOMEBODY, OR
TO DO THE ACT THAT IS A CRIME. |
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Term
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Definition
| WHY SOMEBODY DOES AN ACT (TO TAKE THE MONEY) PROOF OF MOTIVE IS ONLY RARELY NECESSARY TO CONVICT SOMEONE OF A CRIME (HATE CRIMES, CALLED “MALICIOUS HARASSMENT” IN WASHINGTON, IS ONE EXAMPLE) |
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Term
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Definition
CRIMES INVOLVE SOME LEVEL OF CRIMINAL INTENT.
CRIMINAL INTENT = INTENT TO DO AN ACT THAT CONSTITUTES A CRIME
THIS IS DIFFERENT FROM MOTIVE. |
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Term
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Definition
– WHY? Is to protect defendant because memories and details fade, including your alibis and witnesses.
MURDER – NO TIME LIMIT
SOME SEX CRIMES (RAPE OF CHILD) 10 YEARS / OR / 3 YEARS AFTER VICTIM’S 18TH BIRTHDAY
MOST FELONIES = 3 YEARS
MOST MISDEMEANORS = 1 OR 2 YEARS |
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Term
| - WHO MAY COMMIT A CRIME: |
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Definition
CHILDREN UNDER 8: NO
CHILDREN OVER 8 AND LESS THAN 12, PRESUMED NO, BUT STATE MAY SHOW THEY UNDERSTAND RIGHT/WRONG
12+ TO 18 JUVY (CAN MAINTAIN JURISDICTION > 18, up to 21)
16+ DECLINE HEARINGS Go to a judge to convince the judge to decline to assert juvenile court jurisdiction so the case can go to adult court. Usually when kid has a long history of law violations and it is apparent that the juvenile system is not working
16+ AND CERTAIN CRIMES: AUTO DECLINE (Auto Decline routes. Certain class of crimes will send you directly to adult court, such as murder)
No Juries because juvenile court system is rehabilitative, is a “fix you” mode rather than “punish you” mode |
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Term
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Definition
- MUST DESCRIBE THE FORBIDDEN CONDUCT CLEARLY, SO THAT PEOPLE CAN CONFORM THEIR CONDUCT TO ACT WITHIN THE STATUTE. IF A CRIME IS NOT CLEARLY DEFINED, IT IS VOID FOR BEING VAGUE.
- IGNORANCE OF THE LAW IS NOT AN EXCUSE.
- WHO MAY COMMIT A CRIME: |
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Term
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Definition
A CRIME OCCURS WHEN A PROHIBITORY STATUTE IS VIOLATED.
A “CRIME” IS A WRONG AGAINST SOCIETY (THE VICTIM DOES NOT GET TO “DROP THE CHARGES”)
ONCE CONVICTED OF A CRIME, A WIDE VARIETY OF PUNISHMENTS ARE AVAILABLE: JAIL(charges for less than a year)/PRISON, FINES, RESTITUTION, REGISTRATION AS A CONVICTED SEXUAL OFFENDER, LOSS OF RIGHT TO VOTE, OWN A FIREARM, DEATH.
MOST CRIMES ARE ALSO CIVIL WRONGS – OJ SIMPSON.
NUMBER OR PRISONERS IN THE UNITED STATES (2002-2005)
- ABOUT 2.2 MILLION
- 714 PER 100,000 PEOPLE (WE’RE NUMBER ONE! (IN THE WORLD).
95% OF CRIMES ARE PROSECUTED AT THE STATE AND LOCAL LEVEL
5% OF CRIMES ARE PROSECUTED AT THE FEDERAL LEVEL.
ALTHOUGH ONE ACT MAY BE BOTH A FEDERAL CRIME AND A STATE CRIME, AND MAY BE PROSECUTED BY BOTH BECAUSE THEY ARE SAID TO BE SEPARATE SOVEREIGNS, THIS IS A RARE EVENT. (RODNEY KING) |
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Term
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Definition
(Body of the crime) is a term which refers to the principle that it must be proven that a crime has occurred before a person can be convicted of committing the crime. For example a person cannot be tried for larceny unless it can be proven that property has been stolen.
Concept has outgrowth in several principles. In WA a defendants out of court confession may not be introduced by the prosecution, unless the prosecution first shows independent corroboration that a crime happened
To establish C.D. the state must show by preponderance of the evidence…
(1) the fact of death, that death has occurred and
(2) a casual connection between the death and a criminal agenc |
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Term
| DRUG TESTING IN THE WORKPLACE |
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Definition
Government: Only allowed if “reasonable suspicion” OR “threat to public safety” (pilots, bus drivers, etc)
Private Industry: No Constitutional restriction; but state laws may restrict.
LIE DETECTORS – Congress restricted this, except for Government employees |
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Term
| AFFIRMATIVE ACTION IN EMPLOYMENT PRACTICES |
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Definition
his is NOT required by Title 7 (the statute only says you can’t discriminate; it does not address remedial measures for past discrimination, which is what affirmative action is designed to do.)
Most programs have resulted from court rulings, or rules made by the EEOC.
EXAMPLES:
Government, in giving contracts to private businesses, requires those businesses to set up voluntary programs to hire minority employees / and a % of total to go to subcontractors (set-asides).
S. Ct. has approved of PRIVATE affirmative action programs (thus, business and corporations may set up their own programs to address racial imbalances). In other words, businesses DO NOT have to hire the most qualified person; they CAN take into account race as A FACTOR (but not the only factor).
S. Ct has also approved of government programs to address disparities, through voluntary affirmative action programs.
BUT: WASHINGTON INITIATIVE 200 --
Shall government be prohibited from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in public employment, education, and contracting?
Passed in 1999
Bans consideration of race in hiring, promotion in State government.
This also goes to admissions in public schools.
The result, on admission practices at the UW, have been significant.
In 2003 the U.S. Supreme Court ruled that the University of Michigan law school could consider race in admissions as long as it served a "compelling state interest in student-body diversity."
I-200 can be amended by the legislature. |
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Term
| AMERICANS WITH DISABILITIES ACT (1990) |
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Definition
Applies to public + private sector employers. 43 Million disabled Americans (sight, sound, mental health…etc.) Business must improve access to handicapped if “readily achievable”. Applies to businesses with more than 15 more employees
Lots of questions:
What is a disability? Major life function, according to the Supreme Court.
What is a reasonable accommodation? (cost/benefit analysis) |
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Term
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Definition
Fair Labor Standards Act sets maximum workweek; breaks.
Minimum wages may be raised by Congress (recent adjustment); but States are free to set their own minimum wage higher than the Federal minimum wage (Washington does, and currently has the highest minimum wage of $7.93).
Exempt Employees: Farm workers, casual babysitters. ACADEMIC EMPLOYEES (BIG ISSUE) |
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Term
| FAMILY AND MEDICAL LEAVE ACT (1993) |
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Definition
Permits time off (up to 12 weeks) to tend to self or immediate family members or parents;
Employee must get same (or similar) position back. |
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Definition
It may also occur when an employee must put up with a work environment where sexual jokes, comments are pervasive.
EX: Seattle longshoremen case (Seattle Times 1999) |
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Definition
(Equal exchange of things)
This occurs when job opportunities, promotions are given/denied on the basis of sexual favors. “You can have the job…if you put out for me.” |
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Term
| SEXUAL HARASSMENT IN THE WORKPLACE |
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Definition
QUID PRO QUO
HOSTILE ENVIRONMENT |
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Term
| DISCRIMINATION IN EMPLOYMENT |
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Definition
RACE
NATIONAL ORIGIN
RELIGION
AGE DISCRIMINATION
GENDER |
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Term
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Definition
Equal Employment Opportunity Act 1972 – illegal to classify job based upon sex
Exception: Bona Fide Occupational Qualification (essential to the job) |
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Term
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Definition
| Age Discrimination In Employment Act of 1967. Outlaws “arbitrary age discrimination in employment” of person 40-70. Applies to business w/20 or more employees, engaged in interstate commerce |
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Term
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Definition
| It is also unlawful to discriminate based upon religion. Employers must make “reasonable accommodations” for religious beliefs. Religious Holidays should be accommodated. |
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Term
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Definition
| Also unlawful to discriminate based upon national origin. |
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Term
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Definition
| A company’s standards, policies, practices for hiring or promoting employees are illegal if they discriminate on the basis of race or color. So too is discrimination in employment conditions or benefits. |
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Term
| Two types of discrimination: |
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Definition
1. DISPARATE TREATMENT
2. DISPARATE IMPACT |
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Term
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Definition
Facially neutral policy that results in people of different races/ sexes being treated differently. Question is whether the policy/rule had a legitimate business justification, e.g.
A Is the policy in conformity with a bona fide seniority system (ok to pay them more b/c of their seniority; or
B MERIT SYSTEM (those who produce get paid more, even if the produces happen to be all of one race); or
C. System that measures results of a
professionally developed ability test NOT designed to discriminate; |
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Term
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Definition
Intentional Discrimination
Intentionally treating employees differently because of race (all the white employees get off at 3:30, while the non-white employees work to 4:30.) |
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Term
| LAWS AGAINST DISCRIMINATION |
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Definition
“Unlawful for any employer to fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual, with respect to compensation, terms, conditions, or privileges of employment because of such individuals’ race, color, religion, sex, or national origin.”
Charges must be brought w/in 180 days of alleges discriminatory act.
Applies to ALL employers affecting interstate commerce w/15+ empl.
States are free to pass laws extending rule to employers w/less than 15. |
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Term
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Definition
Women make $.72/ 1.00
Equal Pay Act (1963) / Enforced by EEOC (1972) (Equal Employment Opportunity Commission – which investigates complaints and has the authority to institute Civil Actions to eliminate violations of the law).
Prohibits wage discrimination of the basis of gender.
Differences allowed based upon: seniority, merit, quality, or any other factor other than sex. |
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Term
| Individual Retirement Accounts (IRAs) |
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Definition
1. 401(k): employers transfer $/stock to employee trust acct.
2. Keogh: Self-funded programs
3. Roth IRA: taxes up-front / profits tax free upon retirement. |
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Term
| ECONOMIC SAFETY NETS FOR EMPLOYEES |
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Definition
Employee Retirement Income Security Act (ERISA)
Regulates how your retirement income is invested;
May impose regulations on companies holding $;
May step in and bail out troubled programs. |
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Term
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Definition
Created in the 1930s as a pay-as-you-go program (there is no account, with your name on it, holding the money you've contributed). Current workers fund current retirees.
Currently, there is a surplus (past contributions exceed current expenses), but it will begin to vanish as expenditures exceed revenues (this is expected to begin in 2017)
Current projections are that the “surplus” will be gone by 2042; at that time the money going IN will be insufficient to cover the money flowing OUT, which has been promised to workers.
To make matters worse, there isn’t a bank account labeled “social security surplus to be used in the future”. There are only IOUs, because the government has borrowed the money in the surplus pool, and promised to pay it back later. Thus, as soon as 2017, when we need the money in doesn’t equal money out, taxes will have to go up to make up the difference.
Amount Going In =Payroll tax of 6% for employees/ers up to first $94,000 in income.
Amount Going Out = At age 67, full benefits equal to about $2,300/month.
Solutions? Anyone? Anyone? |
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Term
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Definition
| Employees have a right to SAFE WORKING ENVIRONMENT (Occupational Safety and Health Act OSHA) monitors work places. |
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Term
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Definition
(Statutory right)
60-Day advance Notice of large scale layoffs. BOEING does this. |
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Term
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Definition
(No Constitutional Right to these).
Compare other industrialized nations, where there is a statutory right to vacation, etc., to the U.S. |
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Term
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Definition
science
death penalty
corrobaration |
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