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
