May 25th Notes

Criminal Law
May 25, 2010


*******I will no longer be able to tape classes due to tech problems. Sorry.******* 

 NEWS
Test will be up on website after next week class
Should be emailed to us too
Not sure how to return test yet
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Accomplice Liability
-RCW 9A.08.020
-hard to get out of it
-need to publicly renounce involvement

In order to defend yourself from accomplice murder:
-affirmative defense
    -establish you did not do anything
        (no soliciting command, aid, encourage)
    -you were not armed
    -did not know another person was armed
    -no reason to believe they were going to kill someone

Felony Murder
-murder even if accidental
    -defined statutory
    -if someone dies in the course or in the flight from a felony
    -murder 1 or murder 2 (depends on underlying felony)

Motions
1.CrR 3.3
    Criminal Rule 3.3 Speedy Trial
in custody they have 60 days to bring you to trial
-out of custody they have 90 days
let out of prior to expiration, it counts as out of custody
can ask for extensions of the 60/90 rules
requirement to establish prejudice (not possible)

Knapstad Motion
-summary judgment motion
-whether or not it is a matter of law the case can not be sustained
-only thing under consideration is whether or not the prosecution legally can prevail
-requires that you take the evidence at face value
-rarely successful

Double Jeopardy
-only applies where jeopardy has attached
-once the trial starts, then jeopardy attaches, sometimes can not be retried
-limited by speedy trial

Bail CrR 3.2
-can deny bail on some cases (mostly capital cases)
-have it set too high so people can't get out
1.seriousness of the crime
-danger to the community
2.how likely are they to flee

Procedures
-can be arrested on probable cause or warrant
-held for 72 hours (based on booking time)
-probable cause to hold onto the individual
    -based on certification from police
    -determine if they are to remain in custody
    -schedule an arraignment if needed
    -need to be booked before they can leave
   
Plea Forms
-Requirements of Plea
    -Free
    -Knowing/Voluntary/Intelligent based on need to waive other rights
    -Entirety of agreement contained in record
    -Defendant must appear in court
    -Competence
    -Understand consequences – including direct
        -sentencing mandates and potential maximus – strikes
    -Immigration and Registration Issues – d/e/n are collateral
    -Defendant is not required to be aware of these issues

-you relinquish your rights when you plea guilty

-Factual basis for plea
    -Newton 83 Wn.2d 363 (1976)
    -North Carolina v. Alford – 400 US 25 (1970)

Alford plea or Newton plea
    -judge accepts a guilty plea, checks the facts sufficient to make a guilty plea

CrR 4.6 Witness Interviews and Depositions
    -Issue of Privacy Act 9.73
        -can not tape a private conversation based on one consent, need both

    -can not depose in criminal in WA unless there is a motion and order from judge
    -if you interview a victim, there are no plea offerings

CrR 4.7 Discovery
    -Brady v. Maryland 373 US 83,87,83 S. Ct. 1194, 10 L.Ed.2d 215 (1963)
        -need to produce evidence that the defendant is not guilty
    -prosecutors can obtain as much information they want from other government agencies
    -defense, you may not know it exists and no one returns calls or messages
        -will need an order or subpoena

Jail is 12 months or less
Prison is 12 months or more

2.CrR 4.9
    Material Witness
    -warrant of arrest for a witness
    -need to establish witness needed, hostile, already served

3.Appointment of Experts – CrR 3.1 (f)
Does prosecution have to know?
-yes so be careful when using

4.CrR 8.3(b) – prosecutorial mismanagement
-needs to be extreme and repeated

5.Bill of Particulars
A I/section 22 - 6th Amendment (accused shall enjoy the right to be informed of nature and cause of the accusation)
Will not be granted where it requests conclusions of law of theory of the case

CrR 3.5 Miranda Rights
    -just to clarify they were read

CrR 3.6 Suppress Evidence
    -usually reserved till trial court