1. It is important to know how to read a Law. ALL of the words that are included have a meaning, and ALL of the elements (basic descriptions) of the Crime (or Tort in Civil Law) are made up of such elements.
EXAMPLE: The Common Law description of the crime of Burglary was made up of the following elements: 1) a person 2) breaks and 3) enters the 4) dwelling house of 5) another person, 6) in the night time, to 7) commit a felony. For the person to be charged with the crime of Burglary, ALL 7 of these elements must be alleged in the charge. Then it will be the burden of the Prosecutor to prove ALL 7 of these elements of the Crime in Court, by legal and credible evidence, beyond a reasonable doubt.
How might you determine the following scenarios (is there a chargeable crime or not - if you are unsure of any of the elements, such as to what constitutes a "breaking", you must determine it before you answer):
a) A person breaks the window of a dwelling house at 8:00 PM EST, enters the home of another, and steals a TV set. How have you concluded? What are two of the elements that might be open for interpretation and/or specific proof?
b) A person walks into the open door of a dwelling house at 11:00 PM EST, and steals a very valuable fur coat. How have you concluded? What is a critical element that might be open for interpretation, and/or legal justification?
c) A person is walking by a dwelling house at 11:00 PM EST, and sees a diamond ring on the bedstand under a night light. He goes home, gets his fishing rod, comes back and reaches the pole into the bedroom through an open window, and is able to steal the ring. How have you concluded? What is the critical element that might be open for legal interpretation, and/of legal justification
d) It is a cold winter night, and a homeless person breaks into and enters a dwelling house to get warm. While there, he also steals some food from the refigerator, and makes himself some coffee. How have you concluded? Why did you conclude this way?
e) A person drives his truck into a closed convenience store at 12:01 AM, for the purpose to steal the ATM, which he does. How have you concluded? Why did you conclude this way?