ECPI University Elements of Burglary Case Discussion

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1. List the elements of burglary according to the ECPI Model Penal Code. See below in bold

CRIMES AGAINST PROPERTYBurglary(A)Any person who breaks and enters into the building or structure of another with the intent to commit a crime once inside shall be guilty of Burglary.(B) Breaking shall be defined as (1) the movement of any obstacle which blocks the entry into the building or structure, or (2) entry into the building or structure obtained by trick, fraud, force, or the threat of force.(C) Burglary shall be punishable as a Class C felony.

2. As the prosecutor, write a paragraph summarizing your argument that Turner should be convicted of burglary. Be sure to state how he meets the required elements of the offense.

3. As Turner’s defense attorney, write a paragraph summarizing your argument that Turner should be found not guilty of the offense. How has Turner not met the required elements of the offense?

4. As a member of the jury, reach a decision as to Turner’s guilt or innocence. Explain your verdict.

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