Burglary / Theft

Question 1

What is Burglary Common Law

Answer 1

** Please do not forget to provide a counter argument if your client provides an argument for example the larceny in the belt buckle defense….. counter arg
Breaking
Entering
Dwelling house of another
At night
With Intent to commit a felony therein

Question 2

Burglary DC Law

Answer 2

Breaking not required
Entering required
dwelling house
of another- expanded and added to the statute
at night - not required
to commit a felony- expanded to commit any criminal activity it namely it does not need to be a felony. ** if the property is occupied it is first-degree burglary- if the property is not occupied it is second-degree burglary.

Question 3

Constructive breaking

Answer 3

is using fraud to gain entry and is constituted as a breaking

Question 4

Broderick v United States 2006 DC

Answer 4

D was the lease holder of the apartment, when he kicked the door open and assaulted his wife. The court affirmed his conviction because it was not about ownership it was about the apartment being occupied

Question 5

Woods v State 1939

Answer 5

D broke into Vacant apartment and the court reversed the guilty ruling because no one lived there at the time fo the breaking.

Question 6

State v Wilson 1793

Answer 6

D broke into the home of Vicitm at night with intent to steal clothing. The court affirmed his conviction

Question 7

In re Christopher 1980

Answer 7

The D who entered into a carport decision was affirmed because the carport was attached to the house.

Question 8

Swinson v United States DC 1984

Answer 8

D was found of committing burglary in DC to the metro train station and its vending machines. The court affirmed the conviction.

Question 9

People v Taylor 2003

Answer 9

D committed burglary into the home and committed theft while in the home he burglarized the car in the garage

Question 10

People v Jordan 1962

Answer 10

D broke into the home of victims on vacation a neighbor witness them on the porch and she fired a shot. the court affirmed the conviction that the D had to break an enter at night to set bulky items out on the front porch of the victims.

Question 11

State v Lapont 1913

Answer 11

Blackstone says if you leave your door or windows open it is negligence however, the court affirmed the decision stating because the D was able to force his way into the space still constituted a breaking. The judgment was affirmed

Question 12

Breaking

Answer 12

The use of force required
Example, the opening of a close window is a breaking, a further opening of a open window is not

Question 13

State v Ison 1987 Alaska

Answer 13

The d attempted to break into the victim home with a credit card by tripping the lock. The court reversed because he never entered the home as burglary but affirmed an attempted burglary charge.

Question 14

State v Corcoran Wash 1914

Answer 14

The D was given a key by his employer which he used on and off hours to steal. The court found that he was affirmed of burglary because he was going into the store after hours after and before work hours.

Question 15

People V Meeker Ill 1980

Answer 15

The D walked into a church door was open and burned the church down. The court reversed the burglary conviction.

Question 16

Taylor v US 1990

Answer 16

The courts reversed the conviction in this case. Based on prior convictions that the state tried to convict Taylor for burglary based on prior convictions and they could not do that because he was a convicted felon.

Question 17

DC Burglary Statute

Answer 17

Breaking, at night and intent to commit a felony not required for the element of burglary

Question 18

False pretenses / statutory crimes

Answer 18

false representation of a material present or past fact that
causes the victim to
pass title to his property to
the wrongdoer
who
knows his representation to be false and
intends thereby to defraud the victim

Question 19

Burglary

Answer 19

if the actor enters the premises open to the public or is licensed or privileged to enter is not a burglary

Question 20

Offenses catergories

Answer 20

CL
Treason, Felony and Misdemeanor
District of Columbia
Felony
Misdemeanor

Question 21

MPC

Answer 21

Does not require felonious intent; its sufficient if the entry was undertaken with the purpose to commit a crime therein.
No burglary if upon entry the premises are at the time open to the public.

Question 22

Theft

Answer 22

Larceny at common law is the
trespassory
taking and carrying away of the asportation of
personal property of another
with the intent to permanently deprive that person of possession
DC uses the word wrongfully obtain…

Question 23

asportation

Answer 23

The carrying away

Question 24

entrapment

Answer 24

the action of tricking someone into committing a crime

Question 25

mistake of fact

Answer 25

if a possessor acts under a mistake of fact

Question 26

unilateral mistake of fact

Answer 26

if one person has knowledge of the taking away is not larceny

Question 27

Defense to intent to steal

Answer 27

The taking property of another with the intent to return at a later time example:intent to satisfy a debt

Question 28

Embelzzement / statutory created theft crimes

Answer 28

fraudulent
conversion
property
of another
by lawful possession of it

Question 29

Fraud first degree

Answer 29

A person commits the offense of fraud in the first degree ifthat person engages in a scheme or systematic course of conduct with intent to defraud or obtain property of another by means of a false or fraudulent pretense, representation, or promise and thereby obtains property of another or or causes another to lose property

Question 30

Fraud in the second degree

Answer 30

A person commits the offense of fraud in the second degree if that person engages in a scheme or systematic course of conduct with intent to defraud or to obtain property of another by means of a false or fraudulent pretense representation, or promise.

Question 31

False promise to future performance

Answer 31

Fraud may be committed by means of false promise as to future performance which the accused does not intend to perform or knowswill not be performed. An intent or knowledge shall not be established by the fact alonethat one such promise was not performed

Question 32

Receiving stolen property

Answer 32

Receiving stolen property.(a) A person commits the offense of receiving stolen property if that person buys, receives ,possesses, or obtains control of stolen property, knowing or having reason to believe that the property was stolen.
(b) It shall not be a defense to a prosecution under this section, alone or in conjunction with §22-1803, that the property was not in fact stolen, if the accused engages in conduct which would constitute the crime if the attendant circumstances were as the accused believed them to be.(c) (1) Any person convicted of receiving stolen property shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 7 years, or both, if the value of the stolen property is $1,000 or more.(2) Any person convicted of receiving stolen property shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 180 days, or both, if the stolen property has some value.(d) For the purposes of this section, the term “stolen property” includes property that is not in fact stolen if the person who buys, receives, possesses, or obtains control of the property had reason to believe that the property was stolen

Question 33

identity theft

Answer 33

Identity theft.A person commits the offense of identity theft if that person knowingly:(1) Uses personal identifying information belonging to or pertaining to another person toobtain, or attempt to obtain, property fraudulently and without that person’s consent;(2) Obtains, creates, or possesses personal identifying information belonging to orpertaining to another person with the intent to:(A) Use the information to obtain, or attempt to obtain, property fraudulentlyand without that person’s consent; or(B) Give, sell, transmit, or transfer the information to a third person tofacilitate the use of the information by that third person to obtain, orattempt to obtain, property fraudulently and without that person’sconsent; or(3) Uses personal identifying information belonging to or pertaining to another person,without that person’s consent, to:

Question 34

Robbery

Answer 34

Robbery.Whoever by force or violence, whether against resistance or by sudden or stealthy seizure orsnatching, or by putting in fear, shall take from the person or immediate actual possession ofanother anything of value, is guilty of robbery, and any person convicted thereof shall sufferimprisonment for not less than 2 years nor more than 15 years. In addition to any other penaltyprovided under this section, a person may be fined an amount not more than the amount set fort

Question 35

Larceny

Answer 35

Trespassory
 Taking & Carrying away of the (i.e.,asportation)
Personal property (i.e., personalty)
Of another
With intent to permanently deprive that person of possession

Question 36

Tress pass in the taking

Answer 36

No trespass if property is delivered to by the rightful possessor.
Affording opportunity to take property without any indication to of consent does not negate trespass.
Be able to explain which rule governs Topolewski and why?
**Topolewski case the legal question is whether a charge of larceny could be sustained when the goods were taken and carried away through the assistance of the legal owner. The court concluded there was no larceny in this case.

Question 37

Larcent by employee Ex: Bazelys case

Answer 37

An employee who received property from his employer for transport had mere custody, not possession.
**Where the custodian converts the property animo furandi, he commits a trespassory taking.
**Bazely case an employee who had mere custody not possession of the bank money where he worked and pocketed a note for himself.

Question 38

mistake of fact

Answer 38

Mistake of Fact
If possessor acts under a unilateral mistake of fact
Title/possession does not pass.
Did Δ have larcenous intent at the time he received and took the property?
If no, then subsequent conversion is not a trespass to possession. If yes, then the initial receipt constitutes a trespass

Question 39

Larcent by trick

Answer 39

Larceny by Trick Δ obtains possession, but not title, to another’s property by lies—this is the trespass.+
then converts the property animo furandi.
Unlike other forms of larceny, an asportation does not necessarily constitute a conversion—an intentional act that interferes with the owner’s rights.
In Blackburn, how might Δ have defended against the conversion
*****blackburn case intent to steal the horse.

Question 40

Intent to steal

Answer 40

defense:
claim to right
taking property of another honestly, but mistakenly
intent to return
intent to satisfy a debt
What was the defense in Butler case?

Question 41

False pretenses

Answer 41

False Pretenses A statutory crimes … but with some commoncharacteristics: False representation of a material present or pastfact that Causes the victim to Pass title to his property to the Wrongdoer Who knows his representation to be false and intends thereby to defraud the victim

Question 42

Robbery

Answer 42

Larcent
from
the person
the presence of the vicitm
by means of violence or intimidation

Question 43

Analysis section of your essay criminal law

Answer 43

Most essay points will usually be for the analysis section.* However, if your rule is incorrect, your analysis will also be incorrect.* Begin analysis section with,“Here” or “In this case,” some word or phrase to indicate that you are applyingthe law to the fact scenario.* Start with easy or uncontested elements. Don’t overlook them.* For contested elements, explain why the outcome is not crystal clear.What about the facts make it a closecall? Provide analogies to case law to explain.* Our case shares some relevant facts with A v. B where no entry was found.* But it also has similar facts to C v. D, where entry was found.* Ultimately, it’s more like C v. D because .

Question 44

Intent to steal defense

Answer 44

Claim of right– taking property of another honestly, butmistakenly
 intent to return
 intent to satisfy a debt
What was the defense in Butler?

Question 45

Murder

Answer 45

Murder in the first degree — Purposeful killing; killing while perpetratingcertain crimes.Whoever, being of sound memory and discretion, kills another purposely, either of deliberate andpremeditated malice or by means of poison, or in perpetrating or attempting to perpetrate anoffense punishable by imprisonment in the penitentiary, or without purpose to do so kills anotherin perpetrating or in attempting to perpetrate any arson, as defined in § 22-301 or § 22-302, firstdegree sexual abuse, first degree child sexual abuse, first degree cruelty to children, mayhem,robbery, or kidnaping, or in perpetrating or attempting to perpetrate any housebreaking whilearmed with or using a dangerous weapon, or in perpetrating or attempting to perpetrate a felonyinvolving a controlled substance, is guilty of murder in the first degree. For purposes ofimprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in thefirst degree is a Class A felon

Question 46

Murder second degree

Answer 46

Murder in the second degree.Whoever with malice aforethought, except as provided in §§ 22-2101, 22-2102, kills another, isguilty of murder in the second degree. For purposes of imprisonment following revocation ofrelease authorized by § 24-403.01(b)(7), murder in the second degree is a Class A felony

Question 47

Murder DC

Answer 47

1st degree premediated malice or by mean of poison
2nd degree malice afterthought

Question 48

common law murder

Answer 48

Murder / manslaughter
murder homicide perpetrated with malice afterthought
Manslaughter all other illegal homicides

Question 49

4 types of malice afterthought

Answer 49

intent to kill
intent to inflict serious bodily harm
depraved heart
felony murder

Question 50

grading of murder

Answer 50

first Degree
Premeditated and
a cool mind capable of reflection
deliberate one with a cool mind did, in fact, reflect
Second Degree All other intentional murders

Question 51

Voluntary manslaughter

Answer 51

Usually, there is the intent to kill (intent to commit serious bodily harm and a depraved heart can work as well)
 Additionally, there is a provocation by the victim.
 The provocation reduces the crime from murder to manslaughter.
 Essentially, the provocation negates the malice.
 Halfway between intentional killing w/o excuse(murder) and

Question 52

reducing murder to manslaughter

Answer 52

reasonable provocation
2. Provocation in-fact
3. No time for reasonable cooling-off
4. No actual cooling-off
 1, 3 – questions of law (for the judge) (not universal)
 2, 4 – questions of fact (for the jury) many jurisdictions leave question 3 for the jury

Question 53

heats of passion

Answer 53

anger, rage, fright, terror, wild desperation
PASSION not qualifying for manslaughter is revenge

Question 54

reasonable provocations

Answer 54

battery
mutual combat
less clear, assuaklts, illegal arrests, words, injury to third parties imperfect self defense different from adequate provaoction

Question 55

Categorizing offense

Answer 55

Common law DC
Treason
Felony Punishable 1 yr or more
Misdemeanor Punishable 1 yr or less

Question 56

Aggravated theft which is Robbery

Answer 56

Larceny
from
the person or
the presence of the victim
by means of
violence or
intimidation