Chapter 12 Powerpoint pt. 1 Flashcards
The notion that the home is an individual’s castle is deeply ingrained in the _________ character.
American
______- the burning of a dwelling.
Arson
What is the difference between burglary and trespass?
Burglary – breaking and entering into a dwelling or other structure
Trespass – an uninvited intrusion onto an individual’s property and dwelling
_________ _______– the destruction of property or the home
Malicious Mischief
The crime of burglary protects several interests:
(1) Home. The right to peaceful enjoyment of the home.
(2) Safety. The protection of individuals against violent attack and fright within the home.
(3) Escalation. The prevention of a dangerous confrontation that may escalate into a fatal conflict.
True or False: Most states no longer require a breaking to categorize burglary.
True
True or False: Unlawful or uninvited entry is now sufficient to be considered burglary.
True
True or False: The entire body must enter a dwelling to be considered an “entry”.
False; Only a portion of a person’s body need enter a dwelling for an “entry” to occur.
True or False: Burglary is only limited to someones’ dwelling (or home).
False; No longer limited to a home, but any private structure.
In order to be considered burglary the structure must be ______ by another _______.
owned
person
Burglary is concerned with who _______ in a structure, not necessarily who ____ it.
resides
owns
Intent to commit a _____ when the breaking and entering is required for burglary for occur.
felony
Intent to commit a felony when the breaking and entering is required for ________ for occur.
burglary
True or False: There is a nighttime requirement when it comes to burglary
False: The nighttime requirement no longer exists.
True or False: Note that it is burglary for an individual to enter a store that is open to the general public.
False; Note that it is not burglary under this definition for an individual to enter a store that is open to the general public.
Courts have ruled that breaking into an ATM machine or other structure “too small for a human being to live in or do business in is not a ‘________’ or ‘_________’ for the purpose of burglary.”
building
structure
Under _______ ____ burglary was punishable by ______.
common law
death
What constitutes as “breaking” into a home under the common law?
(1) Penetration of the structure
(2) Entry by fraud, misrepresentation, or threat of force, entry by an accomplice, or entry through a chimney
True or False: One cannot burglarize his own home
True
Under common law what constitutes as a “dwelling house”?
(1) Dwelling house defined as a structure regularly used as a place to sleep
(2) Included curtilage, or the land and buildings surrounding the dwelling
True or False: aggravated burglary must be committed at nighttime
true
In order to prove aggravated burglary there must be intent to commit ________ _______.
egregious felonies
In order to prove __________ _______ there must be intent to commit egregious felonies.
aggravated burglary
In order to prove __________ _______ the suspect must be armed with a firearm and/or dangerous weapon.
aggravated burglary
In order to prove aggravated burglary the suspect must be armed with a ______ and/or _________ _______.
firearm
dangerous weapon
True or False: Most states also prohibit possession of burglar tools
True
True or False: Burglary is an offense that can be merged into underlying offenses.
False; Burglary is a distinct offense and does not merge into the underlying offense.
What are the three degrees of burglary?
(1) Aggravated first degree burglary
(2) Second degree burglary
(3) Least serious grade of burglary
Which degree of burglary is this: includes nighttime burglary of a dwelling, possession of a dangerous weapon, or the infliction of injury to others?
Aggravated first degree burglary
Which degree of burglary is this: includes burglary of a dwelling, store, truck, automobile, or railroad car?
Second degree burglary
Which degree of burglary is this: involves entry with the intent to commit a misdemeanor or nonviolent felony?
Least serious grade of burglary
Burglary can lead to illogical results such as making a defendant liable for two offenses (________ and _________).
burglary
shoplifting
