What is the difference between a statutory and common law crime?
The difference between a statutory and common law crime lies in the way the crime has been defined. Statutory crimes are those that have been defined by a legislature and stated in a written law. In Washington, these types of crimes are described in the Revised Code of Washington, which is the body of laws passed by the Washington State Legislature. Statutory crimes are often considered more serious than common law offenses because they are very specific, and because they are listed in the official state criminal code. Common law crimes, on the other hand, are those that have been created through court decisions, rather than through a written law. In Washington, these crimes can be found in the various state and federal court decisions based on the precedents established by previous court rulings. Common law offenses are also considered less serious than statutory crimes since the elements and interpretations of these offenses can vary from jurisdiction to jurisdiction. In most cases, both civil and criminal statutes take priority over common law. This is why white collar crime, which is a type of statutory crime, is typically more serious than common law crimes. When someone commits a white collar crime, they are breaking a law specifically set out in the criminal code, and can face harsher penalties than if they had broken a common law crime.
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