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CRIMINAL LAW CLASS #5

CRIMINAL LAW CLASS #5. (Assault & Battery) Burglary. Student Reviews of TRIAL & ERROR: Part One.

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CRIMINAL LAW CLASS #5

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  1. CRIMINAL LAWCLASS #5 (Assault & Battery) Burglary

  2. Student Reviews of TRIAL & ERROR: Part One • “The book is amazing! It definitely was a page turner… The book showed the realities of being a lawyer and the effects it can have on your life, physically and emotionally…. It was a great and an eye-opener into the complicated world of criminal law….I can’t wait for a sequel!” • “TRIAL & ERROR has re-ignited my passion for law…. Every story taught me something about criminal law. I would recommend this book to anyone considering or enrolled in law school. The book is an exceptional account of the battles won and lost in the world of freedom lawyering and the pursuit of justice.”

  3. Assault & Battery Video How many assaults & batteries can you count?

  4. TWO BASES FOR ASSAULT

  5. COMMON LAW BURGLARY • Breaking • Entering • Dwelling • Of another • At night • With intent to commit felony therein.

  6. STOWELL POINTS • There’s no “breaking” if D is authorized to enter. • Authorization can be conditional. • “Breaking” only requires physical force.

  7. 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 faces by sunlight.

  8. MODERN (STATUTORY) BURGLARY • Enter or Remain • Unlawful or Unprivileged • Building or Other Structure • With intent to Commit a Crime.

  9. 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.

  10. HEBRON’s POINTS • “Entry” only requires part of D’s body cross the plane of the threshold. • “Entry” (like any crime’s element) is provable circumstantially. • Statutory burglary creates degrees by dropping many C.L. elements. • (Thus) statutory burglary enlarges the scope of common-law burglary.

  11. GAUZE’s POINTS • You can’t burgle your own habitation. • Even landlords & invited guests can burgle the occupant’s premises. • Fraud vitiates the occupant’s consent to enter.

  12. 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.

  13. BURGLARY HYPO’S POINTS • D’s intent (like any element) is provable circumstantially. • D’s intent can include more than one structure. • D’s guilty despite not committing a crime therein. • D’s not guilty (at C.L.) if later decides to commit a crime.

  14. THAT’S ALL FOR TODAY Thanks for your attention.

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