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26 Cards in this Set

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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.
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.