University:
Washington State University
Course:
CRM_J 320 | Criminal Law
Academic year:

2022
Views:

196

Pages:

1
Author:

Alexa Livingston

Criminal Law Hypothetical Facts: Just as the sun is setting one night, Carl sees that the door to Vince's house is ajar. Carl knows that Vince has a home office in which there is expensive computer equipment. Carl pushes the unlocked door open, walks into the house and steals Vince's computer equipment that is valued at well over $5000. Issue: Is opening an unlocked door to a building at twilight to commit a theft sufficient to constitute a charge of burglary? Rule: The common law requirements for a burglary are that there be: 1) a breaking 2) and entry 3) of a dwelling 4) of another 5) at night 6) with the intent of committing a felony therein. Analysis: Element 1) Although the door was ajar and unlocked, Carl's merely opening the door was sufficient minimal force to constitute a breaking since the nearly shut door was meant to deter unwanted entry. No actual breaking of the door or lock is necessary. Elements 2, 3 and 4) Carl clearly entered the house, which is not his own. The house is considered a dwelling since Vince regularly uses the house for sleeping purposes. Element 5) Whether it would be considered night at twilight is determined by whether Vince's face could be discerned in natural light at that hour. Element 6) Stealing items worth $5000 is a felony in all states. Notice how methodically each element is proven using the facts provided. Even though something like entering seems self-evident, the fact that the defendant actually crossed the threshold has to be stated in order for the legal analysis to be complete. Conclusion: Vince is probably subject to a charge of burglary even though it was not technically nighttime and the door was unlocked,