Deck 11: Crimes Against Habitation

Question 1

The rationale behind classifying burglary and arson as felonies at common law was:

A) to punish offenders who invaded or injured a "man's castle."
B) to protect the innocent landowner in his home.
C) to protect the family of the landowner, since the male was often away for long periods fighting the crusades.
D) to protect property, since it was a sign of wealth.

Answer 1

to protect the innocent landowner in his home.

Question 2

The five types of burglars established by Walsh include:

A) known burglars, the professional, young burglars, alcoholic burglars, and juvenile burglars.
B) junkies, the professional, young burglars, alcoholic burglars, juvenile burglars, and commercial burglars.
C) known burglars, juvenile burglars, alcoholic burglars, teenage burglars, and residential burglars.
D) the professional, young burglars, known burglars, juvenile burglars, and junkies.

Answer 2

the professional, young burglars, known burglars, juvenile burglars, and junkies.

Question 3

Burglars who are in their late teens or early twenties and do not plan as well as known or professional burglars are known as:

A) juvenile burglars.
B) teenage burglars.
C) young burglars.
D) unknown burglars.

Answer 3

young burglars.

Question 4

The distinction between using a tool and any part of the body to enter a dwelling in the crime of burglary is the following:

A) the fact that entry was accomplished is the critical aspect of this element and it does not matter if the entry was part of the criminal's body or a tool which became an extension of his body.
B) the entry requirement is complete once there is a breaking and it does not matter if this was accomplished by either a tool or part of the criminal's body.
C) this distinction is no longer valid under existing statutory laws.
D) the fact that a tool intruded into the structure does not establish the entry requirement within the meaning of burglary unless the tool was used to complete the crime.

Question 5

A curtilage is:

A) the person's home or dwelling.
B) that area surrounding the house.
C) separate buildings and structures necessary for the landowner to carry on his business.
D) Both B and C.

Question 6

Burglary is committed with the intent to:

A) commit any crime.
B) commit any theft-related felony.
C) commit any misdemeanor.
D) commit any theft-related felony or misdemeanor.

Question 7

Factors used to prove intent to commit the crime of burglary include which of the following?

A) Type and manner of entry.
B) Statements by the defendant.
C) Place and type of building.
D) All of the above

Question 8

Under the MPC an occupied structure is defined as:

A) any structure or place adapted for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present.
B) any structure or place adapted for overnight accommodations of persons or for carrying on business therein so long as there is a clear intent to utilize the structure as a residence or business.
C) any structure, vehicle, or place adapted for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present.
D) any structure or vehicle that is used for overnight sleeping of persons or the conduct of business.

Question 9

McCaghy classified arsons into the following categories:

A) excitement, sabotage, profit-motivated, crime concealment, revenge and vandalism.
B) vandalism, profit-motivated, revenge, and crime concealment.
C) revenge, vandalism, excitement, addiction, sabotage, profit-motivation, and crime concealment.
D) addiction, sabotage, excitement, crime concealment, profit motivation, and vandalism.

Question 10

Which element of arson requires specific intent?

A) Malicious action.
B) Burning.
C) Dwelling or structure.
D) None of the above.

Question 11

Burning also includes:

A) explosions.
B) scorching.
C) melting.
D) All of the above.

Question 12

Burglars are generally:

A) repeat offenders.
B) single-offense offenders.
C) Family member.
D) None of the above.

Question 13

Burglary and arson have both been modified to:

A) protect business owners.
B) protect insurance companies.
C) meet new social conditions.
D) protect property inhabitants.

Question 14

"Consent to enter" may be a defense to an alleged burglary committed:

A) in a public building.
B) during business hours.
C) upon invitation.
D) All of the above

Question 15

Which of the following is not a curtilage?

A) A barn.
B) An outhouse.
C) A dog house.
D) None of the above

Question 16

Burglary is what type of common law crime?

A) Trespass.
B) Violent.
C) Personal injury.
D) Theft.

Question 17

When must the mens rea for burglary occur?

A) Before entering the building or dwelling.
B) While in the building or dwelling.
C) Mens rea is not a required element of burglary.
D) After the crime has been committed.

Question 18

The Model Penal Code narrows the definition of dwelling for what reason?

A) The crime committed is usually just larceny.
B) To restrict burglary to the most dangerous situations.
C) It is defined too broadly by most legislatures.
D) To make it easier to prosecute for the crime of burglary.

Question 19

Motives for arson include:

A) Cover-up, attempted murder, and vandalism.
B) Injury, excitement, and pyromania.
C) Excitement, profit, and vandalism.
D) Revenge, fear, and anger.

Question 20

Arson requires what specific intent?

A) To burn a structure.
B) To consume a structure in fire.
C) To start a fire.
D) To kill occupant of the dwelling.

Question 21

Addiction arson is the same as excitement arson.

Question 22

The curtilage is that area surrounding the house including the separate buildings and structures necessary for the landowner to carry on his business.

Question 23

Arson requires that the structure be charred, at least.

Question 24

A fence is someone who buys and sells stolen property.

Question 25

Traditionally, night-time is the period form one-hour past sunset to one-hour before sunrise.

Question 26

A person must be present for a structure to be occupied.

Question 27

Ethnic arson is arson directed towards a particular group or culture.

Question 28

We are all "victims" of burglary.

Question 29

"Breaking and entering" is an essential element of most modern burglary statutes.

Question 30

A person cannot be guilty of burglarizing their own home.

Question 31

The intent to commit a felony is an essential element of burglary.

Question 32

As to the crime of burglary, the MPC highlights the importance of the offense of criminal trespass.

Question 33

The crime of arson does require the intents to damage an entire structure.

Question 34

Burglary and arson are both high-profile and easy to commit.

Question 35

Entry is not a required element of the crime of burglary.

Question 36

For purposes of burglary, "four walls and a roof" is all that is needed to define a building.

Question 37

According to the Model Penal Code, burglary cannot occur in a public place.

Question 38

To prove arson to benefit from an insurance policy, there must not be specific intent to defraud the insurance company.

Question 39

Traditionally front-line police officers are unskilled in arson investigation therefore and may hinder criminal prosecution.

Question 40

___ burglars are the least organized offenders. They wait for the opportunity and quickly dispose of the stolen property to feed their habit.

Question 41

Early common law required "breaking and entering" for the crime of ___ to be complete

Question 42

Intent to commit a crime for purposes of establishing burglary may be __ from the nature, time, or place of the defendant's acts before and during the breaking and entering

Question 43

Frequently when the prosecutor cannot establish the elements of ___, the lesser crime of criminal trespass is used.

Question 44

While trespass is a minor crime, the statutorily created crime of "criminal trespass" is a more severe crime than trespass but less serious than ___.

Question 45

___ arson occurs when the offender is using arson to express hatred toward a particular group or culture.

Question 46

Courts have held that a motor home is a dwelling for purposes of the crime of __ .

Question 47

Early common law required "breaking and entering" for the crime of __ to be complete.

Question 48

___ arson is most common during labor strikes, prison riots, or other civil rebellion.

Question 49

___ burglars are skilled burglars who exhibit the characteristics of a career criminal.

Question 50

Arson is the malicious burning of the dwelling or structure of ___.

Question 51

___ arson is committed by a pyromaniac.

Question 52

___ burglars are usually offenders in their late teens or early twenties.

Question 53

The term __ is frequently applied to misdemeanor criminal activities associated with the unauthorized entry of a premise. While

Question 54

The seasonal or intermittent use of a residence, according to the weight of authority, does not prevent it from becoming a ___.

Question 55

Match words with associated meaning, concepts, issues or principles

-The unauthorized burning of a home.

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 56

Match words with associated meaning, concepts, issues or principles

-Entering a home with the intent to steal.

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 57

Match words with associated meaning, concepts, issues or principles

-At common law this crime was not a criminal offense unless it was accomplished by violence or breached the peace.

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 58

Match words with associated meaning, concepts, issues or principles

-Arson motivated by the desire to get even with another person or entity

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 59

Match words with associated meaning, concepts, issues or principles

-The area surrounding the home that includes separate buildings and structures.

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 60

Match words with associated meaning, concepts, issues or principles

-A police antifencing operation that is conducted to apprehend criminals who are attempting to dispose of stolen property.

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 61

Match words with associated meaning, concepts, issues or principles

-Any structure, vehicle, or place adapted for overnight accommodation of persons

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 62

Match words with associated meaning, concepts, issues or principles

-Occurs when the offender is using arson to express hatred toward a particular group or culture

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 63

Match words with associated meaning, concepts, issues or principles

-An act done voluntarily and without excuse or justification and without any claim of right.

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 64

Match words with associated meaning, concepts, issues or principles

-A person who pays thieves for stolen property and then disposes of it to other parties.

A) trespass
B) sting operation
C) occupied structure
D) Arson
E) fence
F) Burglary
G) vandalism arson
H) malicious action
I) curtilage
J) revenge arson

Question 65

What constitutes a professional burglar?

Question 66

How do prosecutors establish the necessary intent to enter and commit a crime in the offense of burglary?

Question 67

Why we have a separate statute for criminal trespass?

Question 68

What actions constitute the crime of criminal trespass?

Question 69

What is the motive behind profit-motivated arson?

Question 70

What constitutes an inhabited dwelling?

Question 71

Define a known burglar.

Question 72

What constitutes a curtilage?

Question 73

What constitutes night time for purposes of the burglary statutes?

Question 74

The Kennedys moved out of their home on Saturday. Their son, Tom, was scheduled to move into the home on Wednesday. On Sunday, James broke into the home and stole the furniture that was left in the home. Did James commit burglary of an occupied structure? Explain your answer.

Question 75

Joe was undecided as to whether he would find anything in a home. So he inserted a mirror into the home via an open window. Does his action constitute the breaking and entering of the home? Explain your answer.