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Full-Text Articles in Law
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Washington Law Review
No abstract provided.
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of capital punishment consists of a period during which the death penalty is retained as an official symbol but repealed in practice.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 …
The Draftman's View Of The Revised Code, Richard H. Holmquist
The Draftman's View Of The Revised Code, Richard H. Holmquist
Washington Law Review
In this article, the author seeks to review the Code with the advantage of hindsight afforded by the passage of time since the completion of his activities as Reporter for the Judiciary Committee. Beyond this general review of the Code, the author will offer general observations concerning the process of code revision and the philosophy of the Code. Finally, the author will consider, in the context of the students' Notes appearing in this issue of the Washington Law Review, the effect adoption of the Code will have on criminal law in Washington.
A Hornbook To The Code, Anon
A Hornbook To The Code, Anon
Washington Law Review
This comment is designed to acquaint the reader with the major sections of the Revised Washington Criminal Code. In addition to analyzing the language and operative effect of each section, the student authors have compared each section with its counterpart under the present law and with the different positions taken by other modern revised criminal codes. This comment is intended to supplement, not replace, the official comments to the Code; therefore, the student authors have concentrated on raising a number of issues not dealt with in the official comments.
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.
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.
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 …
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Washington Law Review
In 1970, the Washington Legislature enacted a campus disorder statute which makes it unlawful for any person to "intimidate by any threat of force or violence," or "interfere by force or violence" with any university, college, community college, or public school administrator, teacher or student who is peacefully discharging his duties. A conviction of the crime carries a maximum penalty of six months imprisonment and a fine of five hundred dollars. This note examines the scope of the new statute, its constitutionality and its potential for furthering the purposes of the criminal law. It is submitted that while the Washington …