In the case State v. Leach, 113 Wn.2d 679 (1989), the Washington Supreme Court held that a charging document for a misdemeanor must adequately identify the crime charged and allege facts supporting every statutory element of such crime. This is known as the “essential elements” rule.
What does this mean?
- The charging document must clearly identify the crime charged.
- The charging document must allege facts supporting every statutory element of the crime charged.
- The charging document must be as specific as possible.
Why is this important?
- The essential elements rule protects the due process rights of criminal defendants.
- Defendants need to know with certainty what crime they are charged with in order to prepare a proper defense.
What are the implications of State v. Leach?
- Prosecutors must be careful when drafting charging documents for misdemeanors.
- Charging documents that do not adequately identify the crime charged or allege facts supporting every statutory element of the crime charged may be dismissed.
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