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DC Security Officer: DC Criminal Law and Criminal Procedure

DC Security Officer · Work through your exam, one topic at a time.

All guide sections

DC Criminal Law and Criminal Procedure

Elements before labels

Every DC prosecution rises or falls on elements. For each offense in Title 22 of the D.C. Code, be able to name the prohibited act (actus reus), the required mental state (mens rea), and any attendant circumstances or result. Mental states run from intentionally through knowingly, recklessly, and negligently; swapping "knowingly" for "recklessly" is the most common distractor in elements questions. Attempt requires intent to commit the target offense plus an act amounting to a substantial step - mere preparation is not enough.

Classification and process

DC treats an offense punishable by more than one year of imprisonment as a felony, and one year or less as a misdemeanor. The District has a unified local court system: the Superior Court of the District of Columbia hears both misdemeanors and felonies, and the U.S. Attorney's Office for the District of Columbia ordinarily prosecutes adult crime. Felonies typically proceed by grand jury indictment; misdemeanors by information. Watch for options that invent a "district attorney" or "county court" - those structures do not exist here.

Rule of thumb

Recite the elements out loud before acting, then ask which element your facts actually prove. If you cannot name the missing element, you do not have probable cause for that charge - consider a different charge or continued investigation.

Worked example

A subject shoves a stranger to the ground during an argument and then walks away with the victim's phone lying beside them. Ask two questions: did the force and the taking occur as part of one continuous transaction, and was the force used to accomplish the taking or only to escape afterward? The answer determines whether the robbery elements are met, whether a lesser taking offense fits, or whether two separate offenses are charged.