Management 200 Intro to Law Professor Dawson MWF 7 30 8 50 April 14 2014 Death Penalty Discussion What crimes should be penalized with the death penalty What age should be the minimum for someone receiving the death penalty Should there be an age limit What methods should be used What cost is reasonable o More expensive to give someone the death penalty than giving them life in prison with no chance for parole How do we make sure it is imposed fairly o Across race gender class etc How to correct mistakes o Once it s done there is no going back Does it deter Washington s Death Penalty One crime only o Aggravated First Degree Murder Kill for money Kill police officer or fireman Kill to conceal crime Phases of imposing the death penalty Aggravated Circumstances o Who can serve only people who would actually convict someone with the death Jury Phase penalty Guilt Phase Penalty Phase o Only crime where jury decides penalty o Takes about a week to choose jury murder takes 2 4 hours o Take time to think about decision o Jury asked if there are any mitigating circumstances If yes life in prison without parole If no death o Skips court of appeals goes straight to State Supreme Court Mandatory Appeal Execution o People involved No one forced Use people in prison system Doctors Nurses Counseling afterwards Washington State death penalty options Lethal injection Hanging First Degree Manslaughter o Recklessly cause death Disregard known substantial danger Second Degree Manslaughter o Negligently cause death Unaware of substantial danger Assault o Attempt must atleast attempt o With unlawful force o To inflict bodily injury Does not have to be permanent Lawful force self defense police power parental power April 16 2014 Robbery Burglary The threat of risk increases with burglary compared to theft o Enter or remain o In a building o With the intent to commit a crime therein Not going in to steal committing crime Theft o Wrongfully o Obtain control over personal property o With the intent to deprive the owner thereof one of the most committed crimes Kidnapping o Intentionally o Abduct a person Take someone where they don t want to go OR Keep someone where they don t want to stay o Take personal property o From person or presence o Through force or threat of force Rob people not banks PERSONAL 3 types of property intellectual property real property landscape personal property can be picked up and moved one of the least committed crimes Controlled Substances 1 Schedule Drugs 2 Prohibited Acts Drugs on a list that are illegal No significant medical benefit Very addictive If it s not on the list it s not illegal Manufacture Deliver Possession Possession with intent to sell Sale Gift 3 Penalties Jail up to one year Prison over one year Rehabilitation not as common Determinant Sentences Judges don t have any discretion Point system design Crime Criminal Record most serious Crimes are ranked with a point system on x axis least serious to Criminal Record on y axis first offense closer to origin numerous offenses further down line more jail time April 18 2014 Sexual Assault History changed opinions over time drastically Third Degree Rape o Sexual intercourse Any penetration of body part o Not married to victim o Victim s lack of consent is made clear by words or conduct OR o Threat to property rights of victims Example boss threatens to fire someone if they don t have sex with them Second Degree Rape o Sexual intercourse o Force or threat of force OR OR o Victim helpless Example passed out drunk o Victim mentally incapacitated First Degree Rape o Sexual intercourse o Force or threat of force o Use or threat of deadly weapon OR OR o Inflict serious injury o Kidnap victim Someone in a mental hospital under someone else s care offender of first degree rape will never get a break for sentencing very strict minimum Rape of a Child First Degree AND o When victim is under the age of 12 o Offender is 24 months older than victim or more Second Degree o When victim is 12 13 years old o Offender is 36 months older than victim or more Third Degree o When victim is 14 15 years old AND AND o Offender is 48 months older than victim or more Consent is NOT a defense Age of consent in WA 16 Discussion points in class Should past sexual history with other people be admissible in court NO Consent defense one persons word against another like lots of crimes not a defense to rape of a child Defenses Alibi o Defendant could not have committed the crime o Put someone at time and place o Medical issues couldn t have done it Consent o Defense to most crimes o But not to homicide or rape of a child o Consent to be exceeded can have limits Hockey boxing serious attacks Certain sexual conduct Cannot consent to end own life Self Defense o Can use reasonable force o To prevent an imminent offense o Against your person only protecting yourself o deadly force is reasonable o If you re in imminent danger o Of great bodily injury o Or death Basic definition Additional definition Does not require the use of deadly force Stand your ground rules in Washington