Burglary, Battery, Assault, Acomplice

Question 1

Burglary (CL)

Answer 1

Elements:
1. Breaking and
- Requires something actually be moved open
- Can occur once you are already inside.
- Counts if you deceive someone to let you in
2. Entering into
- Any entry, even putting your hand in. Goldsmith
3. The dwelling (house)
- Excludes cars and offices.
4. Of another
- We only care about occupancy (landlord can burglar tenant)
5. In the nighttime
- When you can no longer recognize someone’s features by natural sunlight.
6. With intent to commit a felony therein.
- Makes this a specific intent crime.
- Conditional intent = intent.
- We do not care if you intended to commit a felony, only the what you intended to do was in fact a felony.

Merger: no merger with target felony.

Question 2

Burglary (MPC)

Answer 2

A person is guilty of burglary if he:
1. Enters a building or occupied structure
- Anything adapted for overnight accommodation
2. With a purpose to commit a crime therein
3. Unless the premises are at the time open to the public or entry is licensed/privileged.

Grading of burglary increase if:
1. Dwelling at night (30 minutes b4 sunrise, after sunset)
2. Actor recklessly or above inflicts or attempts to inflict bodily harm anyone or
3. Is armed with explosives/deadly weapon.

Burglary does merge unless 1/2nd degree felony.

Question 3

Battery only (CL)

Answer 3

Elements:
1. Any conduct which causes harmful or offensive contact (result crime)

Harmful – does not require physical injury, temporary pain is enough.

Offensive—Would offend a reasonable person (or you know of the person’s particular sensibility).

Mechanism: Touching that causes a chain reaction or omission.

Mens Rea: (negligence) – strict liability if it occurs while committing another crime.

Defense:
Consent – except for cases of extreme injury.

Question 4

Assault (CL)

Answer 4

Two types:

1). Attempted Battery

Actus Rea – Attempt a battery
Mens Rea – Specific intent to commit battery
Merger – Merges with completed battery
Attempt – there can be no attempted assault of this variety.

2). Placing victim in reasonable apprehension of an imminent battery

Actus Reus: Causing victim to reasonably expect imminent battery.
- Judged by a reasonable person in the victim’s shoes. (if they are asleep, the reasonable person is asleep)
- Harm must be imminent.
Mens Reus: Specific intent to cause the victim to expect imminent battery.
Merger: Won’t merge with complete battery.
Attempt: Can attempt: (this is if they are asleep, or you are not scary to a reasonable person)

Question 5

Assault (MPC)

Answer 5

1). Battery Type: defendant (a) attempts to cause or recklessly+ causes bodily injury (any physical pain or impairment) to another or (b) negligently causes bodily harm to another with a deadly weapon.
- just need some type of bodily harm

Or

2). Apprehension Type: (c) attempts to put another in fear of imminent serious bodily injury (creates a substantial risk of death or which causes serious, permanent disfigurement)
- Need serious bodily harm.

No attempted assault. (because its just called assault).

Battery type assaults: recklessness+, but negligence if with a deadly weapon. (MPC attempt rules)

Apprehension type assaults: (MPC attempt rules)

Question 6

Accomplice Liability (CL)

Answer 6

Categories:
1. Principal: The one who commits the crime.
2. Accomplice: just as guilty as the principle

Actus Reus: Solicits, Encourages, or omits (when duty) an offense.
1. No attempt, the aid must be received.
- This counts even if you buy a ticket to an illegal show.

Mens Reus:
(1) Intends the acts which constitute the actus reus
(2) Intend the acts result in the target offense.

Conduct = purpose, or knowledge they will engage in conduct.
Result = mental state of target offense.
Circumstance Elements = Unclear – either knowledge or target offense.

An accomplice is guilty of both the target crime and all reasonably foreseeable natural and probable consequences of the target crime. (Pinkerton – kinda)

Question 7

Accomplice Liability Issues (CL)

Answer 7

Accomplice issues:
1. Mere Presence = is not enough.
2. Causation = do not need to be the but for, only aid.
3. No crime = cannot be an accomplice when no crime. (can still be an accomplice to inchoate crime)
4. Acquittals = 1. if not guilty because of justification, accomplice is not guilty. 2. If not guilty because of excuse, accomplice can still be guilty.
5. Greater Crime = Accomplice can be guilty of a greater crime than the principal if culpability is >
6. Wharton’s Rule = When 2 people are required to commit the crime victim/non-criminal necessary party is not an accomplice
– you are not an accomplice to your own statutory rape.
7. Withdrawal: Can avoid accomplice liability if:
(3) Terminates his complicity prior to the offense (and)
(4) Wholly deprives it of effectiveness in the offense.
2. (does not matter if principle believes you)
Or
3. Gives timely warning to law enforcement. (or)
4. Makes proper efforts to prevent the offense.
8. Felony Murder: Counts if natural and probable consequences.

Question 8

Accomplice Liability (MPC)

Answer 8

(1) A person is guilty of an offense it is committed by the conduct of another for which he is legally accountable.
Actus Reus
(3)(a) Defendant is an accomplice if with the purpose of promoting or facilitating the commission of the offense, he:
(1) solicits the crime
(2) aids or agrees or attempts to aid in planning or committing it (or)
(3) omits to take effort to prevent the crime + has legal duty.

Mens Reus
(2)(a) If the defendant, acting with the kind of culpability that is sufficient for the commission of the offense, causes a person to engage in such conduct.

(2)(c) The defendant is an accomplice.
- Under MPC you are still an accomplice if you are attempting to aid unsuccessfully.

Conduct elements: = only Purpose, not knowledge.
Result elements = mental state of target offense.
Circumstance elements = unclear either knowledge or target offense.

Question 9

Accomplice Liability Notes (MPC)

Answer 9

No Natural and probable consequences.
Accomplice issues:
1. Mere Presence = is not enough.
2. Causation = do not need to be the but for, only aid.
3. No crime = can be convicted as attempt accomplice even if no crime is committed. 5.01(3)
4. Acquittals = 1. if not guilty because of justification, accomplice is not guilty. 2. If not guilty because of excuse, accomplice can still be guilty.
5. Greater Crime = Accomplice can be guilty of a greater crime than the principal if culpability is >
6. Wharton’s Rule = When 2 people are required to commit the crime victim/non-criminal necessary party is not an accomplice
– you are not an accomplice to your own statutory rape.
7. Withdrawal: Can avoid accomplice liability if:
(1) Terminates his complicity prior to the offense (and)
(2) Wholly deprives it of effectiveness in the offense.
(does not matter if principle believes you)
Or
1. Gives timely warning to law enforcement. (or)
2. Makes proper efforts to prevent the offense.
Felony Murder: No felony murder.