Criminal Law AMP - Arson And Burglary Flashcards
What type of mens rea is required for common law arson?
A Specific intent
B General intent
C Malice
D None; arson is a strict liability crime
C
Common law arson is a malice crime. At common law, arson consisted of the malicious burning of the dwelling of another. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. The intent requirement for arson is satisfied if the defendant acted with knowledge or reckless disregard that the structure would burn. A specific intent crime requires the doing of the criminal act with a specific intent or objective. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme. QUESTION ID: C0081A Additional Learning
Can a person ever commit common law burglary of his own dwelling?
A Yes, but only if he lives in the building as a tenant, rather than an owner
B Yes
C No
C
A person cannot burglarize his own dwelling. A “dwelling” is a structure regularly used for purposes of sleeping. Common law burglary requires that one break and enter the dwelling place “of another.” This requirement means that the structure be used as a dwelling by someone other than the defendant. Occupancy rather than ownership is material. An owner can commit burglary of his own structure if it is rented and used as a dwelling by others (it is not his dwelling), but a tenant cannot commit burglary of his own dwelling, even if he does not own the building. QUESTION ID: C0080B Additional Learning
Which of the following acts by the defendant would be a sufficient “breaking” for the common law crime of burglary?
A Going through the house’s open sliding glass door
B Hiding in the dwelling until the owner left, then breaking the deadbolt lock on the door to exit
C Asking the resident if the defendant can come inside the home and the resident consents
D Opening the closed door to the basement of the house
D
Opening the door to basement of the house is an actual breaking of the dwelling. Breaking into a subportion of the dwelling satisfies the breaking into a dwelling requirement. Hiding in the dwelling, then breaking the lock of the door to exit would not constitute a breaking for purposes of common law burglary. At common law, burglary was the breaking and entry of the dwelling of another at nighttime with the intent to commit a felony therein. (Modern statutory law has changed these requirements.) Breaking to exit a dwelling is not a breaking of the dwelling. An actual breaking requires some minimal force to gain entry. Going through an open sliding glass door is not sufficient as no force is used. (Opening an unlocked door or further enlarging an opening would be sufficiently forceful to constitute an actual breaking.) If the defendant had the consent of the resident to enter, he has not committed a breaking. The existence of consent to enter during limited periods, however, will not prevent entry by force at other times from being a breaking. Moreover, if the consent was procured by fraud or threats, this is a constructive breaking by means of fraud, threat, or intimidation, which would be sufficient. QUESTION ID: C0077B Additional Learning
The “burning” requirement for common law arson must be, at a minimum, a __________.
A any damage to the structure such that it becomes unusable as a dwelling
B complete destruction of the building by fire
C scorching (blackening or discoloration) of any part of the building’s material
D charring of the fiber of the wood or other combustible material of the dwelling
D
“Charring”—some damage to the fiber of the wood or other combustible material of the dwelling—is generally the minimum amount of damage required to satisfy the burning requirement for arson. Scorching—meaning a blackening or discoloration of the damaged portion of the dwelling—is not sufficient. Complete destruction of the building by fire, although obviously sufficient, is not the minimum amount of damage required, nor is it necessary that the dwelling become unusable as a result of the crime. QUESTION ID: C0082 Additional Learning
To be convicted of common law arson, the defendant must have acted _______.
A With simple negligence
B Intentionally
C With knowledge that the building was a dwelling
D With malice
D
Common law arson is a malice crime. At common law, arson consisted of the malicious burning of the dwelling of another. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. The intent requirement for arson is satisfied if the defendant acted with knowledge or reckless disregard that the structure would burn. QUESTION ID: C0081B Additional Learning
Burglary is a __________ crime.
A specific intent
B malice
C general intent
D strict liability
A
Burglary is a specific intent crime. A specific intent crime requires the doing of the criminal act with a specific intent or objective. The common law definition of burglary is the breaking and entering of the dwelling of another at nighttime with the intent of committing a felony therein. Because burglary requires the intent to commit a felony at the time of the entering, it is a specific intent crime. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. QUESTION ID: C0079 Additional Learning
Modern statutory changes have expanded upon the common law definition of burglary. Under most modern statutes, burglary can be committed _______.
A In commercial buildings or even cars, but only at night
B At any time of day and in structures other than a dwelling
C In one’s own dwelling at any time of day
B
At common law, burglary was defined as the breaking and entering of the dwelling of another at nighttime with the intent of committing a felony therein. However, modern statutes have expanded the common law definition of burglary in a variety of ways. For example, the nighttime requirement for burglary has also largely been eliminated so that a burglary can be committed at any time of day (although a burglary committed during the nighttime might be called “aggravated burglary”). Also the types of structures that can be burglarized have been expanded beyond just dwellings to include commercial buildings and sometimes even yards and cars. Despite the expansions, the “of another” requirement has not been changed. One generally cannot burglarize his own dwelling. QUESTION ID: C0078A Additional Learning
Common law arson is:
A The malicious burning of the dwelling of another
B The malicious burning of an occupied building
C The malicious burning of the dwelling of another at nighttime
A
At common law, arson consists of: (i) the malicious; (ii) burning; (iii) of the dwelling; (iv) of another. At common law, the building must have been a dwelling of another. A building that is not a dwelling is not sufficient for common law arson, even if that building is occupied. Common law arson does not require the act to be at nighttime. QUESTION ID: C0083B Additional Learning
In order to be guilty of common law burglary, one must break and enter a dwelling with:
A Knowledge that one lacks authority to enter the dwelling
B Recklessness about the consequences that could occur if someone was inside the home
C No particular mental state; the act of breaking and entering is sufficient to establish burglary
D The specific intent to commit a felony therein
D
Burglary is a specific intent crime. A specific intent crime requires the doing of the criminal act with a specific intent or objective. The common law definition of burglary is the breaking and entering of the dwelling of another at nighttime with the intent of committing a felony therein. Because burglary requires the intent to commit a felony at the time of the entering, it is a specific intent crime. QUESTION ID: C0079B Additional Learning
Which of the following is not a requirement of common law arson?
A A burning
B A malicious intent
C At nighttime
D Burning of the dwelling house of another
C
At nighttime is not a requirement of common law arson. At common law, arson was the malicious burning of the dwelling house of another. QUESTION ID: C0083 Additional Learning
__________ determine(s) whether a dwelling is “of another.”
A Occupancy
B Either occupancy or ownership
C Both occupancy and ownership
D Ownership
A
Occupancy determines whether a dwelling is “of another.” The requirement is that the structure be used as a dwelling by someone other than the defendant. Ownership is not relevant. An owner can commit burglary of his own structure if he offers it for rent and it is used as a dwelling by others. QUESTION ID: C0080 Additional Learning
Common law arson is a __________ crime.
A specific intent
B strict liability
C malice
D general intent
C
Common law arson is a malice crime. At common law, arson consisted of the malicious burning of the dwelling of another. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. The intent requirement for arson is satisfied if the defendant acted with knowledge or reckless disregard that the structure would burn. A specific intent crime requires the doing of the criminal act with a specific intent or objective. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme. QUESTION ID: C0081 Additional Learning
In order to satisfy the “burning” requirement for common law arson:
A Either charring or scorching to the structure is sufficient
B Scorching to the structure is sufficient; charring is insufficient
C Charring to the structure is sufficient; scorching is insufficient
D Neither charring nor scorching to the structure is sufficient
C
Traditionally, destruction of the structure or even significant damage to it is not required to complete the crime of arson. But mere blackening by smoke or discoloration by heat (scorching) is not sufficient. There must be some damage to the fiber of the wood or other combustible material; this is generally stated as the rule that “mere charring is sufficient.” QUESTION ID: C0082B Additional Learning
