WA Bar Washington Criminal Law 3

Question 1

Under Washington's double jeopardy analysis for multiple charges arising from a single act, which test does Washington apply?

Accepted Answer

The Blockburger 'same elements' test

Answer

Washington applies the Blockburger test to determine whether two offenses are the same for double jeopardy purposes — each offense must require proof of a fact not required by the other.

Question 2

In Washington, which of the following is a required element of burglary in the first degree (RCW 9A.52.020)?

Accepted Answer

Entering or remaining unlawfully in a dwelling with intent to commit a crime therein

Answer

Washington first-degree burglary requires unlawful entry or remaining in a dwelling with intent to commit a crime inside, plus either being armed or assaulting a person.

Question 3

Under Washington's VUCSA (RCW 69.50), which factor most commonly elevates simple possession to possession with intent to deliver?

Accepted Answer

Quantity of the controlled substance together with packaging and cash

Answer

Washington courts consider the quantity of drugs, combined with multiple baggies, large amounts of cash, and scales as circumstantial evidence of intent to deliver.

Question 4

Washington's 'heat of passion' doctrine reduces which crime to which lesser offense?

Accepted Answer

Second-degree murder to manslaughter

Answer

In Washington, second-degree murder may be reduced to first-degree manslaughter when the defendant acted under extreme emotional disturbance sufficient to mitigate the killing.

Question 5

Under Washington's insanity defense (RCW 9A.12.010), the defendant must prove by a preponderance of evidence that at the time of the offense:

Accepted Answer

The defendant suffered from a mental disease and either did not know the act was wrong or could not conform conduct to the law

Answer

Washington's insanity defense requires proof that a mental disease caused either a lack of understanding that the act was wrong or an inability to conform conduct to the law.

WA Bar - Washington Bar Exam Practice Test

WA Bar - Washington Bar Exam Practice Test

WA Bar Washington Criminal Law 3