Exam #4 (CJUS 345) C.Delay

Compare and contrast arson and criminal mischief.

-Arson is a felony and criminal mischief is a misdemeanor. -Arson requires a purpose to burn or a knowledge that a structure will burn. Criminal mischief is just damage to personal property of another.

What are the 3 types of acts that satisfy the acts reus of criminal mischief?

1. Destruction or damage to tangible property: injury to property, including damage by fire, explosion, flood, or other harmful force. 2. Tampering with tangible property so as to endanger a person or property: interference with property that created a danger, for example, the removal of a stop sign or one-way road sign. 3. Deception or threat causing financial loss: a trick that dupes an individual into spending money. an example is sending a telegram falsely informing an individual that his or her mother is dying in a distant city, causing the individual to spend several hundred dollars on an unnecessary plane flight.

Which of the following is not an example of curtilage?

A. A garage B. A sidewalk along the side of the house not for public use C. A fenced in back yard D. A curb along the street directly in front of the house D.

Which of the following components of burglary remains unchanged from common law to today?

A. Breaking B. Entering into the dwelling of another C. At night D. With intent to commit a felony D.

How is the penalty for mischief determined?

A. Increased or decreased based on the amount of emotional suffering caused B. Increased or decreased based on the dollar amount of the damage C. Determined by the recommendation of the victim D. Established by statute and not graded like other offenses B.

Which of the following are not aggravating factors for burglary?

A. With a deadly weapon B. At night C. Entering by means of fraud D. With intent to rape C.

A homeless man breaks into a local business at night to escape the cold. Once inside, he sees some small valuables that he can pawn for thousands of dollars and takes them. Has the man committed burglary?

A. Yes, he broke in at night B. Yes, he broke in and stole the valuables C. No, the building is not the dwelling place of another D. No, he did not intend to steal when he broke in D.

A disgruntled employee breaks into the print shop where he works and hides all of the paper so as to temporarily hamper the business. Has he committed criminal mischief?

A. Yes, he tampered with the paper B. Yes, he endangered the workers C. No, he did not destroy any property D. No, he did not endanger any property or people D.

A woman is attending a party when she has too much to drink gets a bit "out of hand". The homeowner and host of the party asks her to leave and she refuses. Has she committed criminal trespass?

A. Yes, once her presence is no longer desired, she must leave B. Yes, she was asked to leave and refused C. No, she was invited to the party D. No, she has committed a civil trespass B.

A young professional lights some candles in his home. He later gets bored, decides to see what objects in his home are more flammable than others, and uses those candles to light his curtains on fire, believing he can quickly put them out. In fact, the curtains burned very quickly and the fire soon spreads to the rest of his house. He is forced to call the fire department to salvage what he can of his home and put out the flames. Has he committed arson?

A. Yes, recklessness is one classification of intent B. Yes, arson is a strict liability offense C. No, he burned his own home, not anotherʼs D. No, he did not intend to hurt anyone nor collect insurance money B.

Define arson. How have modern statutes modified the common law crime of arson?

Arson: the willful and malicious burning of the dwelling house of another. -The burning need not involve an actual flame and need merely result in "charring" of the structure. -No longer limit arson to a dwelling. -Have eliminated the requirement that arson must be directed at the dwelling "of another". -Punish reckless burning and burning committed by an individual with the specific intent to defraud an insurance company. -State statutes are typically divided into arson an aggravated arson.

Burglary

Breaking and entry of the dwelling house of another at night with the intention to commit a felony therein. Modified by statute to cover an illegal entry into any structure at any time, day or night, with a criminal intent.

What is the definition of burglary? How have the elements of the common law crime of burglary been modified by modern statutes?

Burglary: breaking and entering of the dwelling house of another at night with the intention to commit a felony. -Most states no longer require a breaking. -Knowingly remaining unlawfully in a building -No longer limit burglaries to dwelling houses and typically categorize the burglary of a dwelling as an aggravated burglary. -No longer require that a burglary be committed at night. -Various approaches to modifying the common law intent standard.

What is the difference between burglary and trespass?

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

Criminal Mischief

Damage or destruction of tangible property.

Defiant trespass

Entering or remaining on the property of another after receiving notice that an individual's presence is without the consent of the owner.

At common law, the intentional burning of a rival business would be considered arson. T/F

False

In order to be charged with burglary today, an individual must use force to gain access to the structure leaving permanent damage. T/F

False

The common law crime of mischief has been adopted unchanged by a majority of states. T/F

False

Tangible Property

Physical property, including personal property and real property. Distinguished from intangible property.

Curtilage

The area immediately surrounding a dwelling that is considered part of the habitation.

Criminal Trespass

The unauthorized entry or remaining on the land or premises of another.

If the other required criminal elements exist, a fire need not cause more damage than a slight "burn spot" to be sufficient for arson. T/F

True

Interference with tangible property so as to endanger another person such as tampering with road signs may be considered criminal mischief. T/F

True

Trespassing with purpose is the intent requirement most commonly used by the states. T/F

True

Arson

Willful and malicious burning of the dwelling of another. Modified by statute to encompass any building or structure.

What are some factors that aggravate burglary, arson, trespass, and criminal mischief?

a crime involving a dwelling or an act that endangers human life or safety is carried out with a weapon, is committed at night, or causes significant financial loss.