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26 Cards in this Set
- Front
- Back
Elements of Traditional
Burglary |
1. Entry
2. By breaking 3. of the dwelling of someone else 4. During the night 5. With the intent to commit a felony inside the structure |
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What is a dwelling?
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Place actually used as a sleeping place
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Can entry be by an instrument?
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Yes
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What does a "breaking" require?
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Only some force to create an opening.
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What is required at the time of entry?
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INTENT!
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Must D carry out the intent to be guilty?
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No.
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Modern statutes regarding Burglary often do what with the traditional elements?
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Expand places covered, eliminate need for breaking, eliminate requirement that entry be at night, and expand intent.
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Can burglary be committed by going from one room to another inside a dwelling?
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Yes.
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Is a burglary committed if D enters an item, such as an armoire, within a dwelling?
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No.
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What must the prosecution prove for "Intent to Commit a Felony"?
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1. D entered with intent to commit certain acts, AND
2. Those acts, if committed by D, would be a felony. D must not know the law in order for felony to be proven. |
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Elements of Arson
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1. Malicious
2. Burning 3. Of another's dwelling. |
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What does "burning" require?
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Some damage by flame (not smoke or heat) to a part of the structure itself.
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Is simple awareness of a high risk enough to make burning malicious?
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Yes.
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Elements of Traditional
Burglary |
1. Entry
2. By breaking 3. of the dwelling of someone else 4. During the night 5. With the intent to commit a felony inside the structure |
|
What is a dwelling?
|
Place actually used as a sleeping place
|
|
Can entry be by an instrument?
|
Yes
|
|
What does a "breaking" require?
|
Only some force to create an opening.
|
|
What is required at the time of entry?
|
INTENT!
|
|
Must D carry out the intent to be guilty?
|
No.
|
|
Modern statutes regarding Burglary often do what with the traditional elements?
|
Expand places covered, eliminate need for breaking, eliminate requirement that entry be at night, and expand intent.
|
|
Can burglary be committed by going from one room to another inside a dwelling?
|
Yes.
|
|
Is a burglary committed if D enters an item, such as an armoire, within a dwelling?
|
No.
|
|
What must the prosecution prove for "Intent to Commit a Felony"?
|
1. D entered with intent to commit certain acts, AND
2. Those acts, if committed by D, would be a felony. D must not know the law in order for felony to be proven. |
|
Elements of Arson
|
1. Malicious
2. Burning 3. Of another's dwelling. |
|
What does "burning" require?
|
Some damage by flame (not smoke or heat) to a part of the structure itself.
|
|
Is simple awareness of a high risk enough to make burning malicious?
|
Yes.
|