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Articles 31 - 60 of 86
Full-Text Articles in Law
Racial Impact Statements: Considering The Consequences Of Racial Disproportionalities In The Criminal Justice System, Jessica Erickson
Racial Impact Statements: Considering The Consequences Of Racial Disproportionalities In The Criminal Justice System, Jessica Erickson
Washington Law Review
The American criminal justice system is currently suffering from a dramatic increase in mass incarceration and staggering rates of racial disproportionalities and disparities. Many facially neutral laws, policies, and practices within the criminal justice system have disproportionate impacts on minorities. Racial impact statements provide one potential method of addressing such disproportionalities. These proactive tools measure the projected impacts that new criminal justice laws and policies may have upon minorities, and provide this information to legislators before they decide whether to enact the law. Four states currently conduct racial impact statements, and other states are considering adopting their own versions. The …
Keeping Up With Technology: Why A Flexible Juvenile Sexting Statute Is Needed To Prevent Overly Severe Punishment In Washington State, Reid Mcellrath
Keeping Up With Technology: Why A Flexible Juvenile Sexting Statute Is Needed To Prevent Overly Severe Punishment In Washington State, Reid Mcellrath
Washington Law Review
Sexting can be a costly activity, particularly for teenagers. As more teenagers engage in sending sexually explicit images to one another, the likelihood of serious long-term consequences increases. When sexting is used as a means to bully, the potential severity of consequences also increases. In many jurisdictions, prosecutors may charge juveniles caught sexting with possession or distribution of child pornography. At the same time, some states have recognized the severity of such a charge and found other ways of addressing the teen sexting problem. This Comment addresses the current issues surrounding juvenile sexting by examining empirical data, legal responses, and …
Controlling The Prosecution Of Bribery: Applying Corporate Law Principles To Define A "Foreign Official" In The Foreign Corrupt Practices Act, Kayla Feld
Washington Law Review
This Comment focuses on the debate surrounding the definition of an “instrumentality” within the Foreign Corrupt Practice Act’s (FCPA) “foreign official” provision. The FCPA prohibits bribery of “foreign officials” but provides little guidance as to the types of entities included within the meaning of an “instrumentality.” The Department of Justice construes this term broadly and therefore can aggressively prosecute alleged corruption. This Comment argues that courts should provide guidance on the definition of a “foreign official” within the meaning of the FCPA by applying principles of control drawn from corporate law. Such guidance would accomplish three important tasks. First, it …
Driving Dangerously: Vehicle Flight And The Armed Career Criminal Act After Sykes V. United States, Isham M. Reavis
Driving Dangerously: Vehicle Flight And The Armed Career Criminal Act After Sykes V. United States, Isham M. Reavis
Washington Law Review
The Armed Career Criminal Act (ACCA), a federal “three-strikes” recidivist statute, applies a mandatory enhancement to sentences of criminal defendants previously convicted of three qualifying predicate crimes. In Sykes v. United States the U.S. Supreme Court held that a conviction for fleeing police by car counted as a predicate under ACCA’s residual provision for crimes that “otherwise involve conduct that presents a serious potential risk of physical injury to another.” ACCA’s residual provision has produced a confusing series of U.S. Supreme Court decisions, each applying a different method for determining its scope. Though Sykes borrows methods from each of these …
Rape, Feminism, And The War On Crime, Aya Gruber
Rape, Feminism, And The War On Crime, Aya Gruber
Washington Law Review
Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …
Defusing The Bomb: The Scope Of The Federal Explosives Statute, Peter Moreno
Defusing The Bomb: The Scope Of The Federal Explosives Statute, Peter Moreno
Washington Law Review
A federal statute, 18 U.S.C. § 844(h)(2) (2000), imposes a mandatory ten-year term of imprisonment on anyone who "carries an explosive during the commission of any felony which may be prosecuted in a court of the United States." The United States Courts of Appeals are split over whether the statute must be read to include a relational element such that the crime is carrying explosives in relation to another felony. The Third, Fifth, and Sixth Circuits have rejected the notion that the statute contains such an implicit limitation. In contrast, the Ninth Circuit recently held that the application of § …
Less Is Not More: Evidence Of Mere Proximity In State V. Gurske Does Not Render The Defendant Armed Under Washington's Deadly Weapon Special Verdict Statute, Kelly B. Fennerty
Less Is Not More: Evidence Of Mere Proximity In State V. Gurske Does Not Render The Defendant Armed Under Washington's Deadly Weapon Special Verdict Statute, Kelly B. Fennerty
Washington Law Review
In State v. Gurske, Division III of the Washington State Court of Appeals affirmed the application of Washington State's Deadly Weapon Special Verdict statute to Samuel Gurske's conviction for possession of methamphetamine. The Deadly Weapon Special Verdict statute enhances the sentence of a defendant who commits a crime while "armed" with a deadly weapon. In Gurske, the parties stipulated that a backpack holding Gurske's pistol and drugs lay within arm's reach of the driver's position. From this fact, the trial judge determined that Gurske was armed while he was in possession of methamphetamine. Under Washington State Supreme Court …
Racketeering, Rico And The Revenue Rule In Attorney General Of Canada V. R.J. Reynolds: Civil Rico Claims For Foreign Tax Law Violations, Elizabeth J. Farnam
Racketeering, Rico And The Revenue Rule In Attorney General Of Canada V. R.J. Reynolds: Civil Rico Claims For Foreign Tax Law Violations, Elizabeth J. Farnam
Washington Law Review
When Congress passed the Racketeer Influenced Corrupt Organizations Act (RICO), it created a civil cause of action for any entity, including a foreign government, to recover for injury caused by a defendant's pattern of racketeering activity. However, Congress did not expressly indicate how the revenue rule, a conflict of laws doctrine that allows a court to decline to enforce a foreign government's tax claim or judgment, would relate to civil RICO claims. In Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc., the United States Court of Appeals for the Second Circuit held that the revenue rule barred …
Rico Rights For Erisa Wrongs: Can Plaintiffs Find Relief Despite Erisa Preemption Of State-Law Claims?, Alan R. Ross
Rico Rights For Erisa Wrongs: Can Plaintiffs Find Relief Despite Erisa Preemption Of State-Law Claims?, Alan R. Ross
Washington Law Review
The Employee Retirement Income Security Act of 1974 (ERISA) preempts state laws that relate to employee benefit plans and allows only equitable relief for those who are injured by decisions of ERISA plan administrators. Even though the interpretation of ERISA's preemptive power has changed since 1974, ERISA still poses a significant challenge to plaintiffs in actions for damages against plan administrators. This Comment suggests that another federal law, the Racketeer Influenced and Corrupt Organizations Act (RICO), which is explicitly not preempted by ERISA, may provide relief. The challenges that a plaintiff bringing an action against plan administrators may face include …
Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter
Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter
Washington Law Review
In 1992, the Washington Legislature responded to public demand for a law that would allow criminal prosecution of stalkers by enacting Washington Revised Code section 9AA6.1 10. This stalking legislation makes it a crime to harass or repeatedly follow another person. This law may infringe an individual's right to speak and move freely and, because the law may unconstitutionally limit protected conduct, a defendant may successfully challenge this statute's constitutionality in the future. This Comment examines the potential constitutional challenges to the stalking law and suggests revisions to the current language in the statute.
Crime And Punishment And Punishment: Civil Forfeiture, Double Jeopardy And The War On Drugs, David Osgood
Crime And Punishment And Punishment: Civil Forfeiture, Double Jeopardy And The War On Drugs, David Osgood
Washington Law Review
Over the past several years, the Supreme Court taken a hard look at statutes that impose "quasi-criminal" sanctions such as "civil" punishment for criminal behavior. In several high profile cases, the Court has extended double jeopardy protection to defendants subjected to civil sanctions. By looking at the punitive intent behind "civil" sanctions, the Court has embroiled itself in the highly-charged debate surrounding civil drug forfeitures. This Comment examines the tension between the Court's emergent philosophy on double jeopardy and so-called "civil" sanctions, and its application in the Ninth Circuit case, United States v. $405,089.23, which the Court heard on …
Abuse Of Judicial Review: The Unwarranted Demise Of The Sexually Violent Predators Statute By Young V. Weston, Nathaniel L. Taylor
Abuse Of Judicial Review: The Unwarranted Demise Of The Sexually Violent Predators Statute By Young V. Weston, Nathaniel L. Taylor
Washington Law Review
In Young v. Weston, the U.S. District Court for the Western District of Washington struck down Washington's Sexually Violent Predators statute which allows involuntary commitment of persons classified as sexual predators. This Note analyzes the arguments that the court put forth when it determined that the statute was unconstitutional. This Note argues that the case was wrongly decided because the statute is a constitutionally sound exercise of the State's police power.
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Washington Law Review
In 1988, Congress added section 1346 to the federal mail and wire fraud statutes to overturn the Supreme Court decision of McNally v. United States and provide statutory protection of the "intangible right of honest services." This Comment analyzes the extent to which section 1346 restores the protection of intangible rights as existed prior to McNally and concludes that most if not all of those intangible rights are again covered by the statutes. Further, this Comment recommends that the judiciary limit the application of the mail and wire fraud statutes in the private sector to cases involving a breach of …
Reshaping The Federal Entrapment Defense: Jacobson V. United States, Elena Luisa Garella
Reshaping The Federal Entrapment Defense: Jacobson V. United States, Elena Luisa Garella
Washington Law Review
In Jacobson v. United States, the Supreme Court narrowed the types of evidence that the prosecution may rely on to show that a defendant was predisposed to commit a crime in cases where the defendant raises the entrapment defense. This Note examines the development of the entrapment doctrine and the doctrine's focus on the jury's role as the arbiter of the defendant's guilt or innocence. The Note argues that the Supreme Court strayed from its previous analysis of the defense by broadening the scenarios in which judges may find entrapment as a matter of law. Judicial activism in the context …
Child Sexual Abuse And Criminal Statutes Of Limitation: A Model For Reform, Jessica E. Mindlin
Child Sexual Abuse And Criminal Statutes Of Limitation: A Model For Reform, Jessica E. Mindlin
Washington Law Review
Many states permit courts to toll criminal statutes of limitation in a child sexual abuse case if the victim is under a minimum age, or if the offender prevents the victim from reporting the abuse. Twenty-four states have no such tolling provision, however, and their state courts have not devised a common law solution to avoid the problem of time-barred prosecutions. This Comment examines child sexual abuse in the context of state criminal law. It concludes that statutes of limitation present a formidable obstacle to the successful prosecution of perpetrators of child sexual abuse, and proposes a model legislative amendment …
Civil Rico And The Prior Criminal Conviction Requirement: Has The Second Circuit Drawn The Net Too Tightly?—Sedima, S.P.R.L. V. Imrex Co., 741 F.2d 482 (2d Cir. 1984), Cert. Granted, 53 U.S.L.W. 3506 (U.S. Jan. 14, 1985) (No. 84-648), Diana K. Carey
Washington Law Review
This Note analyzes the Second Circuit's decision in Sedima against the background of the explosion of civil RICO suits and judicial attempts to contain that explosion. It concludes that courts should reject the prior criminal conviction requirement. The requirement is unsupported by either the language or the legislative history of the act, and in practice the requirement would frustrate legislative purposes and deny recovery to those victims whom Congress intended the act should compensate. Moreover, the requirement nullifies the purpose of the private attorney general concept. Until Congress acts to redefine the statute, other limitations would create more desirable results …
The Criminal Justice System's Response To Battering: Understanding The Problem, Forging The Solutions, Kathleen Waits
The Criminal Justice System's Response To Battering: Understanding The Problem, Forging The Solutions, Kathleen Waits
Washington Law Review
This article will focus on the appropriate criminal justice response to battering. Part II describes the nature of the problem of wife beating. It first discusses the extent of abuse in America to demonstrate the seriousness of the problem and the urgent need for solutions. The remainder of Part II looks at the issue on a more individual basis. It examines the battered woman, the batterer, the battering relationship, and the effects of abuse on the couple's children. An understanding of the participants and their relationship, unencumbered by the many myths that surround battering, is essential to creating effective legal …
Criminal Law—Statutory Definition Of Knowledge—State V. Shipp, 93 Wn. 2d 510, 610 P.2d 1322 (1980), Robert C. Macaulay
Criminal Law—Statutory Definition Of Knowledge—State V. Shipp, 93 Wn. 2d 510, 610 P.2d 1322 (1980), Robert C. Macaulay
Washington Law Review
In State v. Shipp the Washington Supreme Court interpreted the meaning of "knowledge" as used in Washington's criminal culpability statute. Defendants in three different trials were convicted of crimes requiring proof of knowledge. In each case the trial court gave jury instructions directing the jury "to find that a person has knowledge if it finds that 'he has information which would lead a reasonable person in the same situation to believe that [the relevant] facts exist.'" The issue in Shipp was whether these instructions, which were taken almost verbatim from the statute, were correct. This note argues that, contrary to …
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
Washington Law Review
In July 1975, riding the crest of the national reform movement, the Washington State legislature enacted a new rape law that repealed a centenarian, common law-based statute. This article presents the results of an empirical study of the effects of the common law and reform rape statutes on prosecution in King County (Seattle), Washington, and assesses the implications of the findings for the law of rape and for prosecutorial discretion in the charging of rape. To the extent that definitional elements of the new Washington law have parallels in reform statutes of other states, and the statistical profile of the …
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Washington Law Review
In 1979 the Washington Legislature amended the drunk driver statute to prescribe a minimum mandatory one-day jail sentence. This sanction is an inappropriate response to the existing crisis of intoxicated drivers on state roads and highways. It is unlikely that the mandatory jail term will be more than marginally effective as a deterrent to drunk driving; this sanction has not previously proven effective as a deterrent for the offense of driving while intoxicated (DWI). Moreover, the amended statute is likely to create substantial practical problems. By restricting the flexibility of the criminal justice system and increasing the likelihood that offenders …
Sentencing Study, Dan Kilpatric, Jack Brummel
Sentencing Study, Dan Kilpatric, Jack Brummel
Washington Law Review
Sentencing constitutes the critical connection between the criminal law and the penal system. Therefore, any analysis of sentencing involves fundamental and perplexing questions about the purposes and problems of the criminal justice system. This comment will focus on one of those problems: the exercise of judicial discretion in sentencing.
Criminal Law—Multiple Punishment Under The Organized Crime Control Act—A Need For Reexamination Of Wharton's Rule And Double Jeopardy—Iannelli V. United States, 420 U.S. 770 (1975), Christopher L. Koch
Criminal Law—Multiple Punishment Under The Organized Crime Control Act—A Need For Reexamination Of Wharton's Rule And Double Jeopardy—Iannelli V. United States, 420 U.S. 770 (1975), Christopher L. Koch
Washington Law Review
Robert lannelli and seven other petitioners were charged with conspiring to violate and violating 18 U.S.C. § 1955, a federal gambling statute which makes it a crime for five or more persons to conduct, finance, manage, supervise, direct, or own a gambling business prohibited by state law. Each petitioner was convicted of both offenses, and each was sentenced under both counts. On appeal the petitioners argued that conviction of both conspiracy and the substantive offense was precluded by Wharton's Rule, a common law exception to the principle that a substantive offense and a conspiracy to commit the offense are distinct …
State Law—Uniform Alcoholism And Intoxication Treatment Act, Wash. Rev. Code Ch. 70.96a (1974)—Decriminalization Of Alcoholism—Alcoholism As A Defense To Criminal Liability, Fred A. Johnson
Washington Law Review
On January 1, 1975, the Washington State Uniform Alcoholism and Intoxication Treatment Act (the Act) became effective. It directs that treatment replace punishment as the appropriate mechanism for dealing with alcoholics and intoxicated persons. The Act repeals or amends all criminal law provisions relating to public drunkenness and mandates a comprehensive treatment program for persons with alcohol problems. This note examines the mechanics of the Washington Act and the legislative determination that alcoholism is a disease and that the drinking it induces is beyond the control of the alcoholic. Consideration is given to whether Washington law can consistently treat chronic …
Rationality And Drugs, P. G. Sherburne
Rationality And Drugs, P. G. Sherburne
Washington Law Review
A book review essay considering Drugs and the Public, by Norman E. Zinberg and John A. Robertson (1972).
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Washington Law Review
No abstract provided.
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Washington Law Review
The Proposed Code is comprehensive, and when one adds the criminal provisions in other chapters of the Revised Code of Washington that will not be affected by the Proposed Code, it becomes obvious that Washington's criminal law does not suffer from the defect of failing to embrace and protect vital human concerns. These vital concerns are not denuded of the protection of the criminal law. To the contrary, the comprehensiveness of the Code raises opposite sorts of questions. Thus, the chief purpose of this article is to render a service of constructive criticism. It will focus on several areas of …
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
Washington Law Review
I have chosen to discuss three areas of the Proposed Code: the proof requirement (with primary emphasis upon the affirmative defenses), justification, and felony murder. These sections are vital underpinnings of the Proposed Code. The Code makes substantial changes in each of these provisions, all of which deserve and demand critical review.
The Death Penalty Cases: A Preliminary Comment, John M. Junker
The Death Penalty Cases: A Preliminary Comment, John M. Junker
Washington Law Review
The next to last step down the long road to total abolition of capital punishment consists of a period during which the death penalty is retained as an official symbol but repealed in practice. When the proposed Revised Washington Criminal Code was published in 1970, this schizophrenic phase was already well under way, dating from at least 1967, the year of the last execution in this country. The political message suggested by this state of affairs is that while the death penalty ought to be retained in the crime-prevention arsenal, it should be used only rarely. In attempting to legitimize …
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
Washington Law Review
Those who work with Washington's criminal law generally concede that it is in need of substantial overhaul. Consequently, members of the bench, law enforcement agencies, the state legislature, the public, prosecutors and defense attorneys undertook to draft a new criminal code for Washington. Input came from varied sources—from law enforcement personnel to a former inmate of the Washington prison system. The Proposed Code reflects the input of each contributor; it cannot be labelled the Code of any single group. This article attempts to analyze those sections of the Proposed Code that are important from a defense attorney's standpoint. No attempt …
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
Washington Law Review
Basically, I am dissatisfied with the Proposed Code for three reasons: (1) the Code is incomplete; (2) the Code has in many cases imposed an unrealistic burden of proof on the state which will be impractical or impossible to sustain; and (3) the Code has too narrowly defined and too leniently graded many offenses.