Chapter 12 Powerpoint pt. 1

Question 1

The notion that the home is an individual’s castle is deeply ingrained in the _________ character.

Answer 1

American

Question 2

______- the burning of a dwelling.

Answer 2

Arson

Question 3

What is the difference between burglary and trespass?

Answer 3

Burglary – breaking and entering into a dwelling or other structure
Trespass – an uninvited intrusion onto an individual’s property and dwelling

Question 4

_________ _______– the destruction of property or the home

Answer 4

Malicious Mischief

Question 5

The crime of burglary protects several interests:

Answer 5

(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.

Question 6

True or False: Most states no longer require a breaking to categorize burglary.

Answer 6

True

Question 7

True or False: Unlawful or uninvited entry is now sufficient to be considered burglary.

Answer 7

True

Question 8

True or False: The entire body must enter a dwelling to be considered an “entry”.

Answer 8

False; Only a portion of a person’s body need enter a dwelling for an “entry” to occur.

Question 9

True or False: Burglary is only limited to someones’ dwelling (or home).

Answer 9

False; No longer limited to a home, but any private structure.

Question 10

In order to be considered burglary the structure must be ______ by another _______.

Answer 10

owned

person

Question 11

Burglary is concerned with who _______ in a structure, not necessarily who ____ it.

Answer 11

resides

owns

Question 12

Intent to commit a _____ when the breaking and entering is required for burglary for occur.

Answer 12

felony

Question 13

Intent to commit a felony when the breaking and entering is required for ________ for occur.

Answer 13

burglary

Question 14

True or False: There is a nighttime requirement when it comes to burglary

Answer 14

False: The nighttime requirement no longer exists.

Question 15

True or False: Note that it is burglary for an individual to enter a store that is open to the general public.

Answer 15

False; Note that it is not burglary under this definition for an individual to enter a store that is open to the general public.

Question 16

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.”

Answer 16

building

structure

Question 17

Under _______ ____ burglary was punishable by ______.

Answer 17

common law

death

Question 18

What constitutes as “breaking” into a home under the common law?

Answer 18

(1) Penetration of the structure

(2) Entry by fraud, misrepresentation, or threat of force, entry by an accomplice, or entry through a chimney

Question 19

True or False: One cannot burglarize his own home

Answer 19

True

Question 20

Under common law what constitutes as a “dwelling house”?

Answer 20

(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

Question 21

True or False: aggravated burglary must be committed at nighttime

Answer 21

true

Question 22

In order to prove aggravated burglary there must be intent to commit ________ _______.

Answer 22

egregious felonies

Question 23

In order to prove __________ _______ there must be intent to commit egregious felonies.

Answer 23

aggravated burglary

Question 24

In order to prove __________ _______ the suspect must be armed with a firearm and/or dangerous weapon.

Answer 24

aggravated burglary

Question 25

In order to prove aggravated burglary the suspect must be armed with a ______ and/or _________ _______.

Answer 25

firearm

dangerous weapon

Question 26

True or False: Most states also prohibit possession of burglar tools

Answer 26

True

Question 27

True or False: Burglary is an offense that can be merged into underlying offenses.

Answer 27

False; Burglary is a distinct offense and does not merge into the underlying offense.

Question 28

What are the three degrees of burglary?

Answer 28

(1) Aggravated first degree burglary
(2) Second degree burglary
(3) Least serious grade of burglary

Question 29

Which degree of burglary is this: includes nighttime burglary of a dwelling, possession of a dangerous weapon, or the infliction of injury to others?

Answer 29

Aggravated first degree burglary

Question 30

Which degree of burglary is this: includes burglary of a dwelling, store, truck, automobile, or railroad car?

Answer 30

Second degree burglary

Question 31

Which degree of burglary is this: involves entry with the intent to commit a misdemeanor or nonviolent felony?

Answer 31

Least serious grade of burglary

Question 32

Burglary can lead to illogical results such as making a defendant liable for two offenses (________ and _________).

Answer 32

burglary

shoplifting