Criminal law

Question 1

What are the elements of burglary

Answer 1

Common law burglaries the breaking and entering of the dwelling of another at night time with the specific intent to commit a felony therein

Breaking is generally accomplished by using force to create an opening into a dwelling; even slight force.

Entering occurs when any portion of the defendant’s body crosses into the dwelling without permission to the opening created by the breaking.

Question 2

Can someone commit larceny when they initially had proper possession

Answer 2

Larceny is the trespassory retaking and carrying away of the personal property of another with the intent to deprive that person of the property permanently. When an initial taking was trespassory but there was no intent at the time to permanently deprive the person of the property, then the continuing trespass rule serves to deem the original trespass continuing so that it coincides with later acquired criminal intent

Example: Ben took his neighbors print from his neighbors house. He did not intend to steal the print at that time. Later been developed the intent to steal it. This after acquired intent may be sufficient to find the necessary intent for larceny under the continuing trust pass rule. (if he had consent at the beginning, then it isn’t trespassory. it just depends on original intent )

Question 3

What is embezzlement

Answer 3

Embezzlement is the fraudulent conversion of the property of another by a person who is in lawful possession of the property.

Conversion is the inappropriate use of property, held pursuant to a trust agreement, which causes a serious interference with the owner’s rights to the property.

Example: then lawfully possesses his neighbor’s print because he had permission he sells print without permission. This is conversion. He intended to defraud the neighbor of the print when he sold it.

Question 4

How is one guilty of receiving stolen property

Answer 4

To be guilty of receiving stolen property, the defendant must receive control of stolen property, know that the property is stolen, and intend to deprive the owner of the property permanently.

The act of receiving the property must coincide with the recipient’s knowledge that the property is stolen. Some jurisdictions require the defendant to have actual subjective knowledge, that it has been stolen. Other jurisdictions permit the defendant’s knowledge to be inferred from facts that would alert a reasonable person to the unlawful acquisition of the property