Ch. 4 Crimes Against Habitation, Robbery, and Assault (E2)

Question 1

This is the crime of burning, via fire, and causing structural degradation with malicious intent of the dwelling of another.

Answer 1

What is arson?

Question 2

The permanent change (degrading) of a structure’s material composition.

Answer 2

What is structural degradation?

Question 3

The place you regularly eat and sleep.

Answer 3

What is a dwelling?

Question 4

In arson, the attending circumstance “of another” refers to…

Answer 4

Possession

Question 5

{ } and { } interests are 2 types of ownership.

Answer 5

1) Pecuniary (financial)
2) Proprietary

Question 6

This is the crime of breaking and entering, with the intent to commit a felony therein, of the dwelling of another at night.

Answer 6

What is burglary?

Question 7

What are the 2 types of “breaking” in burglary?

Answer 7

1) Actual
2) Constructive

Question 8

This form of breaking occurs when physical force is used to effect entry.

Answer 8

What is actual breaking?

Question 9

This form of breaking occurs when one (an offender) causes an unsuspecting party to create an opening for the purpose of allowing the offender to enter unlawfully.

Answer 9

What is constructive breaking?

Question 10

The second component of the actus reus for burglary, referring to criminal trespass.

Answer 10

What is entering?

Question 11

Just as there is active and constructive breaking, there is also active and constructive…

Answer 11

Entering

Question 12

This form of entering refers to the physical insertion of a body part into a prohibited structure.

Answer 12

What is actual entering?

Question 13

This form of entering refers to entry without physical insertion of a body part but with the aid of some mechanical instrument or tool, such as a key.

Answer 13

What is constructive entering?

Question 14

In common law, what is the range of time for a crime being “at night?”

Answer 14

From dusk, ‘til dawn

Question 15

List the 4 components of burglary that were required in common law but are no longer required in modern law.

NOTE: They do enhance the severity of the charge.

Answer 15

1) Breaking
2) Dwelling
3) Nighttime
4) Felony

Question 16

Is “possession of burglary tools” true or strict liability crime?

Answer 16

Strict liability

Question 17

Why is “possession of burglary tools” a strict liability crime?

Answer 17

The intent to commit burglary can be inferred from the mere possession of such instruments, that no ordinary person usually have on hand, without some legitimate explanation

Question 18

Is specific or general deterrence used to deter “possession of burglary tools?”

Answer 18

Specific

Question 19

For the possession of burglary tools, what 2 factors build constructive intent?

Answer 19

1) # of items
2) Rarity

Question 20

The use of threat or force (with general/felonious intent) to take away possession of money or personal property of another from a person’s body or in the person’s immediate presence.

Answer 20

What is robbery?

Question 21

What is meant by robbery’s attending circumstance of “immediate presence?”

Answer 21

A person is within the vicinity of the robbery/taking

Question 22

The act of depriving someone’s (hence, of another) “right of locomotion” with general intent.

Answer 22

What is false imprisonment?

Question 23

False Imprisonment + Substantial Movement =

Answer 23

Kidnapping

Question 24

The “substantial movement” aspect of kidnapping is at times followed up with the intent to…

Answer 24

Commit a subsequent crime

Question 25

This piece of anti-kidnapping (child custody) legislation states that jurisdiction will ALWAYS remain with the home state, meaning that moving a child to another state in hopes of finding a court for a more favorable custody arrangement is pointless.

Answer 25

What is the Uniform Child Custody Jurisdiction Act (1968)?

Question 26

This piece of anti-kidnapping (child custody) legislation eliminates jurisdictional disputes in child custody by allowing the feds to issue and execute warrants for parents fleeing the state to avoid kidnapping charges.

Answer 26

What is the Parental Kidnapping Prevention Act (1980)?

Question 27

The threat to harm, with the intent to instill fear, of a person, or property, in the future to gain compliance.

Answer 27

What is extortion?

Question 28

Is assault a true or strict liability crime?

Answer 28

True crime

Question 29

What are the 2 forms of assault?

Answer 29

Attempted & threatened battery

Question 30

What are the 4 components (attending circumstances) of threatened battery?

Answer 30

1) Against a person
2) Threat is imminent
3) Threat is credible
4) Victim in fear of harm

Question 31

The nonlethal culmination of an assault.

Answer 31

What is battery?

Question 32

What is the actus reus of battery?

Answer 32

Bodily contact

Question 33

What is the mens rea of battery?

Answer 33

General intent

Question 34

What are the 2 attending circumstances behind battery?

Answer 34

1) Of another
2) Injury or substantial pain

Question 35

Unwelcomed pushing, shoving, or advances.

Answer 35

What is harassment?

Question 36

What is the key difference between harassment and mutual affray?

Answer 36

Mutual affray is welcomed

Question 37

Serious bodily injury (SBI) is characterized by a high probability…

Answer 37

Of death

Question 38

Crime possessing most elements of a more serious crime but missing some key component.

Answer 38

What is a lesser-included offense?

Question 39

What are the 2 components that differentiate aggravated assault from simple assault?

Answer 39

1) Serious bodily injury
2) Mayhem

Question 40

What are the 2 components of mayhem?

Answer 40

1) Disablement
2) Dismemberment

Question 41

For what reason have most states done away with battery (not including sexual battery)?

Answer 41

Model Penal Code