Question 1

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?

Accepted Answer

Mark will be charged with criminal trespass. Actus reus of criminal trespass is entering or remaining on the property without Carl's permission, knowing he is not licensed or privileged to do so.

Question 2

How is punishment determined for malicious mischief?

Accepted Answer

Punishment is determined based on the dollar amount of the damage.

Question 3

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?

Accepted Answer

Students must sufficiently summarize and discuss the case by providing facts such as what part of the school was burned, the debate on charring, burning, blackened, and so on, and the damage to the light fixture. The defendant was found to be in violation of the arson subsection in question.

Question 4

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

Accepted Answer

A)   breaking and entering
B)   of the home of another
C)   at nighttime
D)   with the intent to commit a felony

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

What is criminal trespassing?

Accepted Answer

The answer of What is criminal trespassing?...

Question 7

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

Accepted Answer

A)   No, he did not break anything in order to enter the house.
B)   No, providing the home was empty upon his entrance.
C)   Yes, modern statutes no longer require a breaking and simply look to an unlawful entry.
D)   Yes, modern statutes require a breaking as well as unlawful entry.

Question 8

What is the common law definition of arson?

Accepted Answer

The answer of What is the common law definition of...

Question 9

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

Accepted Answer

A)   a negligent and involuntary burning
B)   an involuntary burning and willful burning
C)   a willful burning and malicious burning
D)   a malicious burning and voluntary burning

Question 10

The common law limited burglary to a ______.

Accepted Answer

A)   garage
B)   place of business
C)   dwelling house
D)   ship containers

Question 11

Malicious mischief, under most statutes, is a misdemeanor.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A)   removing a stop light
B)   injury to property from a flood
C)   tricking an individual into spending money unnecessarily
D)   striking a pedestrian on purpose

Question 14

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

Accepted Answer

A)   Criminal trespass
B)   Defiant trespass
C)   Arson
D)   Malicious mischief

Question 15

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?

Accepted Answer

The answer of One evening, Barney is walking through a...

Question 16

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.

Accepted Answer

The answer of Explain the difference between burglary and trespassing....

Question 17

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

Accepted Answer

A)   Punishment is reduced or increased based on the dollar amount of damages.
B)   Punishment is reduced or increased based on the mental suffering of those involved.
C)   Aggravating and mitigating factors.
D)   Punishment was based on the plea bargain.

Question 18

The common law of arson requires a burning.

Accepted Answer

A) True 
 B)False

Question 19

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.

Accepted Answer

The answer of Joey, a handyman, finishes a job in...

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 12: Burglary, Trespass, Arson, and Mischief

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.

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.

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