What to Do if You Are Stopped by Police Being stopped by the police can be a very disturbing and unwelcome experience. Often, a stop by police is conducted on a person who is altogether innocent, but who faces scrutiny by virtue of being in the wrong place at the wrong time or by fitting the description of an offender of a proximal crime.… Read More
When can a Person be Held Unaccountable for a Crime Actually Committed? At times, a person can be proven in a court of law, beyond a reasonable doubt, to have been guilty of a crime yet not be held accountable for that crime. If proven by the defendant, either of two defenses will render the defendant free from sanctions arising out of a finding of guilt. Entrapment… Read More
The Role of Evidence in Criminal Arrest In order to make an arrest, police are held to a standard of proof known as probable cause, the name of which describes the standard. The level of certainty is not “absolute cause,” meaning that incontrovertible proof is not needed, but at the same time, it involves a level of certainty much greater than a mere… Read More
The Letter of the Law vs. the Spirit of the Law Criminal statutes spell out, usually in clear words and sentences, proscribed behavior. In other words, they expressly define what people must not do. Such actual text is known as the letter of the law. The reason for the existence of the vast majority of statutes is readily comprehensible. For example, in common law, petit theft… Read More
Hearsay As Evidence In Court The Fifth Amendment protects citizens from self-incrimination and establishes that one has no obligation to provide statements either to police or in court regarding one’s own criminal activity. However, it does not apply to statements made otherwise, including those in private conversations or monologue, by the subject of a criminal investigation and directed toward friends,… Read More
How To Prevent Property Crimes and Break Ins Experienced police officers unanimously agree that a large percentage of crime victims opened the metaphorical door for the criminal, and unwittingly created the opportunity, themselves. While no procedures can guarantee complete safety and freedom from crime, the practicing of some basic measures of vigilance can prevent many common property crimes. While many of these concepts… Read More
All I Did Was Talk About a Crime; How Can I Be Guilty of a Real Crime? While many crimes are committed by a single offender, others are committed by two or more. When people team up to transgress, associated communication takes place and division of labor is established. In criminal organizations, orders are issued and received through whispers and code. In the case of an angry mob, “let’s get him!” might… Read More
The Right to Use Deadly Force in Washington In each of the 50 United States, a person has the right to defend oneself from unlawful attack. Washington RCW 9A.16.010 (3) establishes that force against another is not unlawful “[w]henever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against… Read More
What To Do If You Are Involved In A Deadly Encounter The right to defend oneself from unlawful attack is guaranteed in each of the 50 United States. However, circumstances justifying the use of force against another person can be difficult to prove after the fact, especially when such force rises to the level of deadly force. The killing of a person is a homicide, and… Read More
When Can an Uncommitted Crime Be Charged as a Crime? A crime that is not actually committed might still be charged as a real crime with a penalty of live prison time or monetary fines in the State of Washington. This is not a manifestation of the futuristic fear of thought police, but rather the sanctioning of tangibly wrongful behavior. Each of the 50 United… Read More