CRIMINAL LAW CLASS

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CRIMINAL LAWCLASS 5

• (Assault Battery)
• Burglary

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Assault Battery Video
How many assaults batteries can you count?
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COMMON LAW BURGLARY

• Breaking
• Entering
• Dwelling
• Of another
• At night
• With intent to commit felony therein.

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STOWELL POINTS

• Theres no breaking if D is authorized to
  enter.
• Authorization can be conditional.
• Breaking only requires physical force.

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DUPREE POINTS

• Breaking at night includes partially by day
  and finally by night.
• Dwelling includes a shop attached to the
  dwelling.
• At night was determined (at C.L.) by ability to
  discern face by sunlight.

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MODERN (STATUTORY) BURGLARY

• Enter or Remain
• Unlawful or Unprivileged
• Building or Other Structure
• With intent to Commit a Crime.

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(No Transcript)
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Explanation of Diagram

• Modern (Statutory) burglary often divides the
  crime into degrees of seriousness.
• Modern burglary includes common-law burglary as
  one of the most serious forms, often 1st degree.
  

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HEBRONs POINTS

• Entry only requires part of Ds body cross the
  plane of the threshold.
• Entry is provable circumstantially.
• Statutory burglary creates degrees by dropping
  many C.L. elements.
• (Thus) statutory burglary enlarges the scope of
  common-law burglary.

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GAUZEs POINTS

• You cant burgle your own habitation.
• Even landlords invited guests can burgle the
  occupants premises.
• Fraud vitiates the occupants consent to enter.

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BURGLARY HYPO

• D arrested at 2 a.m. walking from a real-estate
  office 20 away, his clothes sprinkled with
  white-plaster powder.
• Inside office is a hole ( white-plaster powder)
  knocked through the wall to a bar sledgehammer,
  crowbar, and flashlight lying beside hole.

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BURGLARY HYPOS POINTS

• Ds intent is provable circumstantially.
• Ds intent can include more than one structure.
• Ds guilty despite not committing a crime
  therein.
• Ds not guilty (at C.L.) if later decides to
  commit a crime.

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THATS ALL FOR TODAY

• Thanks for your attention.