Criminal Law Lecture Outline - Fall 2008

Criminal Law

Fall 2008

Section 1

Professor Lee

Class Outline

October 22, 2008

BURGLARY

1.  Common law definition = breaking and entering into the dwelling house of another at night with the intent to commit a felony therein

 

2.  Modern definition = unauthorized entry into a structure with intent to commit any crime therein

 

3.  California approach = burglary graded on basis of whether structure was inhabited dwelling house

 

4.  Historical explanation for structure of burglary:  frustration with limitations on law of attempt -- i.e., burglary as inchoate offense

 

5.  People v. Gauze

a.  In order to be burglary, entry must be unauthorized

 

b.  People v. Barry:  shoflifter who enters store during normal business hours has made unauthorized entry because store did not mean to invite thieves

 

c.  People v. Sears:  def was not authorized to enter his own house for purpose of assaulting ex-wife

 

d.  By contrast, Gauze had absolute right to enter his apartment

Discussion question:  In your view, did the court adequately distinguish Barry and Sears?