Management 200: Intro to LawProfessor DawsonMWF 7:30-8:50April 14, 2014Death 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 onlyo Aggravated First Degree Murder Kill for money Kill police officer or fireman Kill to conceal crimePhases of imposing the death penalty-Jury Phaseo Who can serve, only people who would actually convict someone with the death penaltyo Only crime where jury decides penalty-Guilt Phaseo Takes about a week to choose jury, murder takes 2-4 hourso Take time to think about decision-Penalty Phaseo Jury asked if there are any mitigating circumstances If yes=life in prison without parole If no=death-Mandatory Appealo Skips court of appeals, goes straight to State Supreme Court-Executiono People involved No one forced Use people in prison system Doctors? Nurses?  Counseling afterwardsAggravated CircumstancesWashington State death penalty options- Lethal injection- HangingFirst Degree Manslaughtero Recklessly cause death Disregard known substantial dangerSecond Degree Manslaughtero Negligently cause death Unaware of substantial dangerAssaulto Attempt (must atleast attempt)o With unlawful forceo To inflict bodily injury Does not have to be permanent**Lawful force=self-defense, police power, parental powerApril 16, 2014Robberyo Take personal propertyo From person or presenceo Through force or threat of force**Rob people not banks!! PERSONALBurglary (The threat of risk increases with burglary compared to theft)o Enter or remaino In a buildingo With the intent to commit a crime therein Not going in to steal—committing crimeThefto Wrongfullyo Obtain control over personal propertyo With the intent to deprive the owner thereof**one of the most committed crimesKidnappingo Intentionallyo Abduct a person Take someone where they don’t want to go OR Keep someone where they don’t want to stay3 types of property:-intellectual property-real property (landscape)-personal property: can be picked up and moved**one of the least committed crimesControlled Substances1. Schedule Drugs: Drugs on a list that are illegalNo significant medical benefitVery addictiveIf it’s not on the list it’s not illegal2. Prohibited Acts: ManufactureDeliverPossessionPossession with intent to sellSaleGift3. Penalties: Jail (up to one year), Prison (over one year)Rehabilitation (not as common)Determinant SentencesJudges don’t have any discretionPoint system designCrimes are ranked with a point system on x-axis, least serious to most seriousCriminal Record on y-axis, first offense closer to origin, numerous offenses-further down line, more jail timeApril 18, 2014Sexual AssaultHistory- changed opinions over time, drastically-Third Degree Rapeo Sexual intercourse Any penetration of body parto Not married to victimo Victim’s lack of consent is made clear by words or conduct- ORo Threat to property rights of victims Example: boss threatens to fire someone if they don’t have sex with themCriminal RecordCrime-Second Degree Rapeo Sexual intercourseo Force or threat of force- ORo Victim helpless Example: passed out drunk- ORo Victim mentally incapacitated Someone in a mental hospital, under someone else’s care-First Degree Rapeo Sexual intercourseo Force or threat of forceo Use or threat of deadly weapon- ORo Inflict serious injury- ORo Kidnap victim**offender of first degree rape will never get a break for sentencing, very strict minimumRape of a Child-First Degreeo When victim is under the age of 12- ANDo Offender is 24 months older than victim, or more-Second Degreeo When victim is 12-13 years old- ANDo Offender is 36 months older than victim, or more-Third Degreeo When victim is 14-15 years old- ANDo Offender is 48 months older than victim, or more.**Consent is NOT a defense**Age of consent in WA: 16Discussion 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 childDefenses-Alibio Defendant could not have committed the crimeo Put someone at time and placeo Medical issues, couldn’t have done it-Consento Defense to most crimeso But not to homicide or rape of a childo Consent to be exceeded, can have limits Hockey, boxing-serious attacks Certain sexual conduct Cannot consent to end own life-Self Defenseo Can use reasonable forceo To prevent an imminent offenseo Against your person---only protecting yourselfo deadly force is reasonableo If you’re in imminent dangero Of great bodily injuryo Or death*Does not require the use of deadly force*Stand your ground rules in WashingtonAdditional definitionBasic