Burglary/Robbery/Home Invasion

Unit 7 Wrap Up Homicide / Felony Murder Discussion Board Quiz Chapter 11

Unit 8 Assignments Quiz Discussion Board Chapters 12 (Chapter 13 – Robbery/Larceny) Seminar

Burglary – Common Law At Common Law, Burglary was defined as a BREAKING and ENTERING the DWELLING of another at NIGHT with the INTENT to commit a felony.

Burglary – Common Law At Common Law, Burglary was defined as a BREAKING and ENTERING the DWELLING of another at NIGHT with the INTENT to commit a felony. At Common Law, Burglary was punishable by death. Why do you think it was so harsh?

Burglary – Common Law At Common Law, if the front door of a dwelling is open and the intruder sneaks in at night and steals a purse, is he guilty of Burglary?

Burglary – Common Law At Common Law, if the front door of a dwelling is open and the intruder sneaks in at night and steals a purse, is he guilty of Burglary? Why do you think “Breaking” was required at common law?

Burglary – Common Law A man takes off a screen from an open window and reaches his arm into the house at night removing a purse from a table inside. At Common Law, is this a Burglary?

Burglary – Common Law Let’s see who can remember what we learned from a couple of weeks ago. Under modern law, Bad Guy plans on committing a burglary. Dresses all in black and bring a sledge hammer with him to break into a house. He gets all the way up to the front door but hears something inside so he drops the sledge hammer and runs away. He never made entry into the house. What, if anything is Bad Guy guilty of?

Burglary – Common Law At common law, could you commit a burglary of a barn where only animals were kept?

Burglary – Common Law At common law, could you commit a burglary of a barn where only animals were kept? At Common law, the burglary had to be committed at night but modern statutes have removed this requirement. Any time of day is OK now under modern statutes.

Burglary- Common Law What about a person that enters a store when it is open and hides in the bathroom until the store is closed and then steals items from the store? Is this burglary?

Burglary- Common Law Most states have dropped the common law requirement that a breaking take place. Instead the state’s require an entering without permission or authority of the owner. Why is this helpful for the prosecution?

Burglary- Common Law Most statutes no longer limit burglaries to dwelling houses and typically categorize the burglary of a dwelling as an aggravated burglary. The California statute extends protection to “any house, room, apartment,... shop, warehouse, store, mill, barn, stable, outhouse,... tent, vessel... floating home, railroad car,... inhabited camper,... aircraft,... or mine.”11 Other statutes are less precise and provide that a burglary involves a “building or occupied structure, or separately secure or occupied portion thereof.”

Burglary- Common Law What if a homeless person is tired and wants to find a place to sleep. They knock on a door and find that no one is home. They kick the door down and settle in for a nap. When the homeless person wakes up, he goes to the fridge and takes some food. Is this homeless person guilty of burglary?

Burglary- Model Penal Code A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portions thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned. What differences do you see from the common law definition of Burglary?

Burglary – Common Law The next time you are watching a police show on TV (perhaps one of the 25 Law and Order’s that are on each week) and someone comes home and opens the door and announces “we’ve been robbed!” -- what should they have said?

Robbery Robbery is larceny (theft) with the use of force or intimidation to take an item from the person or presence of another. If you break into someone’s home when they are not there, there is no Robbery.

Robbery If a Woman is eating at a fast food restaurant and bag guy runs by and grabs her purse off the table, is he guilty of a robbery?

Robbery If a Woman is eating at a fast food restaurant and bag guy runs by and grabs her purse off the table, is he guilty of a robbery? Let’s say woman gives chase and bad guy pushes her down in order to make good his escape. Is he now guilty of a Robbery?

Robbery If bad guy runs up and grabs a woman’s purse off her arm as she is walking down the street, is he guilty of Robbery?

Home Invasion In Illinois, Home Invasion is a defined as a knowing entry into the dwelling place of another, committed when you know or have reason to know that one or more persons is present inside and one of the following occurs: 1) Your armed with a weapon 2) use force or threat of force on another inside, 3) cause injury to someone inside.

Home Invasion Why do you think many states now have home invasion laws? Isn’t it enough to have burglary plus battery or murder? What is the difference between home invasion and burglary?

Home Invasion The key difference is most burglars hope that no one is home. Home invaders usually hope that a person is in the house. Most of these crimes involve drug rip offs. The problem is that many criminals get the wrong house. An example: Triple Murder

Home Invasion Obviously, felony murder applies to cases that involve home invasion. Should felony murder apply to burglary? Is burglary and inherently dangerous crime?

Unit 8 Assignments Read Chapter 12 Discussion Board Quiz

A Look to Unit 9 Your Final Project: Select three (3) of the following six (6) crimes, and in a 3 – 5 page paper, respond to the following questions for each of the three (3) scenarios that you select: (1) define the elements of the crime, including the actus reus and mens rea for each crime; (2) identify whether the crime is classified as a crime against property, crime against person or a crime against public order and why the crime is so classified; and (3) describe a factual scenario, either fictional or true in fact, in which the crime is committed.

Final Project You may use the Model Penal Code definitions as outlined in your text, or select specific statutes from the Federal or a state criminal code. However, make sure you clearly identify the elements as outlined in that statute. It is suggested that you separate your responses for each scenario with headings in your paper.

Final Project Remember to answer each of the three (3) questions above for each of the scenarios you select and, when referring to your text or other sources, clearly cite your sources both in the body of your paper and in the reference page. (1) Kidnapping (2) First Degree Murder (3) Robbery (4) Forgery (5) Arson (6) Disorderly Conduct