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Criminal Law

1980

University of Washington School of Law

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The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh Jun 1980

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1975, riding the crest of the national reform movement, the Washington State legislature enacted a new rape law that repealed a centenarian, common law-based statute.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 Jun 1980

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 …