WA Bar Washington Criminal Law 2 — Questions and Answers
Question 1: Washington's 'stand your ground' principle in self-defense law means:
- A person must retreat before using deadly force anywhere
- A person has no duty to retreat when in their home (castle doctrine)
- A person has no duty to retreat anywhere they have a lawful right to be (Correct answer)
- A person may use deadly force only in their home or vehicle
Correct answer: A person has no duty to retreat anywhere they have a lawful right to be
Washington has no duty to retreat for a person who is in a place where they have a lawful right to be and who reasonably believes deadly force is necessary to prevent death or great bodily harm.
Question 2: Under Washington's robbery statute (RCW 9A.56.190), what distinguishes robbery from theft?
- Robbery requires taking property worth more than $750
- Robbery requires the use or threatened use of force or fear (Correct answer)
- Robbery requires two or more perpetrators
- Robbery requires use of a weapon
Correct answer: Robbery requires the use or threatened use of force or fear
Washington robbery requires that property be taken from a person by force or fear, distinguishing it from simple theft which does not involve confrontation.
Question 3: Under Washington's rape shield law (RCW 9A.44.020), evidence of a victim's prior sexual conduct:
- Is always admissible to show consent
- Is generally inadmissible unless the court finds specific relevance after an in camera hearing (Correct answer)
- May be admitted if the defendant testifies
- Is admissible in all cases where the victim is a public figure
Correct answer: Is generally inadmissible unless the court finds specific relevance after an in camera hearing
Washington's rape shield law bars admission of a victim's past sexual conduct unless the court conducts an in camera hearing and finds the evidence relevant to a specific defense.
Question 4: Washington criminalizes harassment under RCW 9A.46.020. What mental state is required?
- Negligence as to whether the victim was placed in fear
- Knowingly threatening to cause bodily injury (Correct answer)
- Recklessly placing a person in reasonable fear
- Intent to kill the victim
Correct answer: Knowingly threatening to cause bodily injury
Washington harassment requires that the defendant knowingly threaten to cause bodily injury immediately or in the future with the intent to place the victim in reasonable fear.
Question 5: Under Washington's 'Blakely' doctrine (following Blakely v. Washington), which of the following is required before a court may impose an exceptional sentence above the standard range?
- A judge's finding of substantial and compelling reasons by clear and convincing evidence
- A jury finding of aggravating factors beyond a reasonable doubt (Correct answer)
- A prosecutor's motion supported by victim impact statements
- A presentence report recommending the exceptional sentence
Correct answer: A jury finding of aggravating factors beyond a reasonable doubt
After Blakely v. Washington, aggravating factors used to justify an exceptional sentence above the standard range must be found by a jury beyond a reasonable doubt, not by a judge alone.
Question 6: Under Washington's accomplice liability statute (RCW 9A.08.020), a person is liable as an accomplice when they:
- Are present at the scene of the crime
- Aid or abet the principal with knowledge that their conduct will promote the offense (Correct answer)
- Receive proceeds from the crime after the fact
- Fail to report a crime they witnessed
Correct answer: Aid or abet the principal with knowledge that their conduct will promote the offense
RCW 9A.08.020 makes a person liable as an accomplice when they solicit, command, encourage, or aid the principal knowing it will promote or facilitate the offense.
WA Bar Washington Criminal Law 2
Washington's 'stand your ground' principle in self-defense law means: