Deck 10: Crimes Against Habitation

Question 1

The MPC defines a(n)____ as "any structure,vehicle,or place adapted for overnight accommodation of persons,or for carrying on business therein,whether or not a person is actually present."

A)occupied structure
B)unoccupied structure
C)burglary-free structure
D)home residence

Answer 1

A

Question 2

Unlawful entry can be accomplished through

A)forcing open a door or window.
B)entering through a closed inner door.
C)entering through a partially opened door or window.
D)All of the above are correct.

Answer 2

D

Question 3

A valid defense to a burglary charge in jurisdictions where a breaking is required,either under the common law rule or under a statute,is called

A)necessity.
B)consent.
C)duress.
D)provocation.

Answer 3

B

Question 4

The distinction between commission of burglary at night as opposed to the daytime is

A)less often a matter of defining the degree of the crime than of defining the basic offense.
B)equally a matter of defining the degree of the crime as of defining the basic offense.
C)no longer a matter of defining the degree of the crime,nor of defining the basic offense.
D)most frequently a matter of defining the degree of the crime,rather than defining the basic offense.

Question 5

When the MPC was drafted,its was noted that ___________ was a legislative pattern that had developed in the U.S.

A)classifying the offense in relation to the types of property involved
B)introducing the definition of arson as the burning of any property of any type,no matter by whom owned,for the purpose of defrauding an insurer
C)classifying the offense in relation to the danger to persons involved
D)All the above are correct.

Question 6

__________ is NOT one of three elements of common law burglary.

A)Occurring at any time of the day
B)Entrance of the mansion or dwelling house or curtilage of another
C)The intent to commit a felony
D)Breaking and entering

Question 7

Even under the most comprehensive definitions of modern burglary,the offense does NOT include

A)the event happening in the nighttime.
B)the crime being committed by entry alone.
C)an intent to commit any criminal offense.
D)happening in any building,structure,or vehicle.

Question 8

__________ does NOT infer intent?

A)The time of entry
B)The amount of cash the perpetrator is carrying
C)Possession of a weapon or burglar tools
D)The type of building entered

Question 9

When a crime requires a mens rea of specific intent,a person is culpable only if he or she voluntarily commits the underlying criminal act or acts

A)by accident or carelessness.
B)with the intent to achieve a particular result.
C)out of negligence or recklessness.
D)by mistake.

Question 10

____________ is NOT one of the general definitions of modern arson.

A)"The malicious,willful burning,or attempted burning,of one's own or another individual's property"
B)"When one starts a fire or causes an explosion with the purpose of destroying a building or occupied structure of another individual"
C)"The accidental burning of one's own or another individual's property"
D)"When one starts a fire or causes an explosion with the purpose of destroying or damaging any property,whether his own or another's,to collect insurance for such loss"

Question 11

Many states have degrees,or levels of severity,of arson in their statutes,and each level of arson

A)offers the same severity of punishment,but each includes elements that are not included in other levels.
B)ranges in severity of punishment,and each levels includes different amounts of the same elements.
C)ranges in severity of punishment,and each includes elements that are not included in other levels.
D)level of arson offers the same severity of punishment,but each includes different rankings of importance for the same common elements.

Question 12

Some states apply a __________ to determine whether a dwelling is occupied.

A)occupancy
B)mail delivery
C)sleep test
D)None of the above is correct.

Question 13

By constructive entry,a person can commit entry by using a monkey and this is called a(n)

A)accomplice.
B)criminal mischief.
C)breaking.
D)instrumentality.

Question 14

For states following the common law definition of nighttime in their laws regarding burglary,the __________ is NOT relevant?

A)use of sunlight to see
B)amount of sunlight
C)presence of streetlights or building lights
D)time of day

Question 15

Under common law,arson existed if the burnt wood showed evidence of

A)discoloration.
B)charring.
C)scorching.
D)smoking.

Question 16

__________ is NOT an example of an inner door.

A)cabana doors
B)suite doors
C)bedroom doors
D)office doors

Question 17

If one achieves entry through an open outer door with consent,but subsequently forces open an inner door of a building is:

A)illegal entry,but not burglary.
B)illegal entry,and any further crimes are shoplifting.
C)still burglary.
D)breaking.

Question 18

In those jurisdictions where the requirement of "breaking" remains,__________ does NOT constitute breaking.

A)entering an open door of someone else's home
B)pushing open a hotel room door that was ajar three to four inches
C)raising a partially opened-bedroom window
D)the slightest removal of an obstruction to the burglar's entry into the dwelling

Question 19

In most jurisdictions,the ____________ must be present at the time of entry in order for the crime to be a burglary.

A)general intent to commit a crime
B)actus reus of actual theft
C)actus reus of handling objects to be burgled
D)specific intent to commit a crime

Question 20

__________ is part of the MPC's definition of burglary.

A)"An entry even if the premises are open to the public or if the actor is privileged to enter"
B)"The entry of a 'building or occupied structure,or separately secured or occupied portion thereof"
C)"An entry of a building for which the actor has a key"
D)None of the above is correct.

Question 21

Name four things that a police officer can do when he or she responds to the scene of a fire and attempts to determine the fire's origin.

Question 22

If one achieved entry through an open outer door with consent,breaking into an inner door of a building is not considered burglary.

Question 23

A typical element of the crime of possession of a burglar's tools is the

A)intent to use the tool in the commission of a burglary.
B)possession of possible burglar's tools in one's car for work or school.
C)intent to modify legal instruments into burglar's tools.
D)possession of tools in one's home that could be used for burglary.

Question 24

Entries with consent cannot be an element of burglary.

Question 25

Breaking and entering is very similar to burglary,except it is lacking one element-the specific intent to commit a theft or felony inside the structure.

Question 26

__________ fits the typical definitions of breaking,for purposes of committing the crime of vehicular burglary?

A)Using great force to turn a vehicle's unlocked door handle
B)Using a key to open the trunk
C)Leaning on a car and setting the alarm off
D)None of the above is correct.

Question 27

Your textbook names four different requirements that states include in their arson statutes.Name three of them.

Question 28

There must be the ___________ to be convicted of possession of burglar's tools.

A)specific intent to burglarize
B)actus reus of tool modification
C)mens rea of tool modification
D)general intent to burglarize

Question 29

"The unauthorized entering of any dwelling,vehicle,water craft,or other structure,movable or immovable,with the intent to commit a felony or any theft therein" describes

A)aggravated burglary.
B)attempted burglary.
C)simple burglary.
D)breaking and entering.

Question 30

The MPC classifies an entry into a public place as a burglary.

Question 31

Under common law,the felonies of arson and burglary developed to provide special protection and security to people's dwellings.

Question 32

Some states require that a vehicle be locked for burglary to occur,and case law further requires these states to prove that every door was locked.

Question 33

All states require a lack of a lawful excuse for the possession of burglar tools to be illegal.

Question 34

A rash of racially-motivated church fires in the last few years have led federal lawmakers to enact arson statutes that carry much greater civil,but not criminal,penalties.

Question 35

Almost universally today,arson is a specific intent crime.

Question 36

To commit an entry for purposes of burglary,the defendant does not have to physically enter.

Question 37

Many jurisdictions have eliminated the burglary requirement of a breaking,and others have changed their statutes to read "breaking or entering."

Question 38

Name the three elements of burglary.

Question 39

Under common law,burglary was viewed as a forcible invasion and disturbance of a person's right of habitation,and had a high risk of being punished by death.

Question 40

A typical crime that a person might intend to commit when s/he breaks and enters a vehicle is

A)breaking the steering wheel.
B)stealing the vehicle.
C)cutting the seat covers.
D)demolishing the vehicle.

Question 41

Name the three main ways in which an officer can assist in the investigation of a burglary.

Question 42

Your text gives some examples of homes that are legally considered to be uninhabited.Name three of these.