Criminal Law

Question 1

Theft Crimes - Burglary - Element: Breaking

Answer 1

Internal Breaking: Breaking can still occur if D later opens part of the dwelling structure, like a closet, without permission intending to steal.

W was invited into home for game night, so she did not break into the home. But she did break into the closet, which she didn’t have permission to enter, with intent to steal the watch.

Question 2

Fundamental Observations - Accomplice Liability

Answer 2

Accessory liability even if crime not committed (attempt/conspiracy)

Liability extends to all probable consequences (foreseeable)

W paid hitman $10k to kill neighbor. Here, no murder bc neighbor died before hitman shot. However, W can be convicted of attempted murder because shooting was committed in furtherance of the intended but unsuccessful murder.

Question 3

Inchoate Crimes - Attempt

Answer 3

A substantial act towards the perpetration of an attempted crime

Approach:

Specific Intent
Legal (no attempt) vs. Factual Impossibility (attempt)
Apparent Ability
Preparation v. Perpetration

Requires failure to commit the crime

Question 4

Crimes Against Habitation - Burglar - Element - Dwelling

Answer 4

Dwelling - occupied for sleeping/curtilage (habitation)

This means, it cannot be abandoned! if abandoned, not a dwelling….