Exam 12: Burglary, Trespass, Arson, and Mischief

Mark entered into Carl's home and sat down on the couch to watch TV. When Carl came home, he had no idea who this man sitting on his couch was, so he called the police. The police arrived shortly and arrested Mark. With what crime will Mark be charged? What are the actus reus and mens rea of this offense? Would this charge be different if there had been signs that said Mark was not allowed on the property? Why or why not?

How is punishment determined for malicious mischief?

Summarize and discuss the In Re Jesse L. case. What was the main issue being discussed? What were the findings in this case? Do you agree or disagree?

Which aspect of common law burglary has been completely eliminated in current legal codes?

Arson is treated as a felony based on the danger posed to inhabitants and neighbors.

What is criminal trespassing?

Jason entered a home through an unlocked front door with the intention of taking valuables. Can he be charged with a crime?

What is the common law definition of arson?

Which of the following does not satisfy the requirement for common law arson?

The common law limited burglary to a ______.

Malicious mischief, under most statutes, is a misdemeanor.

Criminal trespass entails an authorized entry and there is a requirement that the intruder intend to commit a felony.

All of the following are acts that compose criminal mischief according to the Model Penal Code EXCEPT ______.

______ entails an unauthorized entry and unlike burglary, there is no requirement that the intruder intend to commit a felony.

One evening, Barney is walking through a neighborhood when he decides he is going to break into a home and steal belongings inside. Barney breaks a window and enters the home. Once inside, he takes more than $10,000 worth of property. While trying to escape Barney is arrested. With what crime will Barney be charged? What is the actus reus of this crime? What is the mens rea of this crime? Will the prosecutor be successful in arguing that this is an aggravated offense? Why or why not?

Explain the difference between burglary and trespassing. Is there a situation where one could commit burglary without trespassing? If so, give an example. Is there a situation where one could commit trespassing without burglary? If so, give an example.

Travis and Greg both were convicted of criminal mischief. They received vastly different sentences. What explains the disparity in their sentences?

The common law of arson requires a burning.

Joey, a handyman, finishes a job in Mrs. Smith's home. Mrs. Smith is absentminded and typically forgets to close or lock all her doors. That night, as Joey was passing through her neighborhood, he sees the back door of Mrs. Smith's house wide open. He decides he wants to take some of the valuables he had seen while working there. He enters the house quietly, walks around, and realizes that no one is home. Joey walks to Mrs. Smith's bedroom only to find the bedroom door locked. He breaks the lock, kicks the door open, and goes through Mrs. Smith's drawers and jewelry box. He steals priceless jewels and family heirlooms totaling up to $25,000. Discuss and analyze this case under modern statutes of burglary.

Modern statutes have eliminated the requirement that the arson must be directed at the dwelling of another.