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
How Can I Be Charged With Possession of Drugs That Are Not Mine? If a passenger car is occupied by more than one person, ownership of illegal contraband contained within the vehicle might be assigned to any of the occupants. Even though some of the persons in the car might not have owned the drugs or even known of the presence of the drugs, the law presumes ownership… 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
Firearm Safety Firearms are tools that, when used correctly, are invaluable in protecting oneself. Treated incorrectly, though, they can create tragedy, and give rise to both criminal and civil liability. Because of this, owners of guns must strictly adhere to safe practices when handling and storing them. No person should own or attempt to operate a firearm… Read More
I Entered the Wrong House; Now I Am Charged With Burglary Several different types of burglary offenses are chargeable according to Washington statutes. RCW 9A.52.025 provides that a “person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.” A key element in any criminal… 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