Burglary

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Burglary

The act of entering a building unlawfully with the intention of committing a crime, usually but not always theft. Burglary is illegal in nearly every jurisdiction.
References in periodicals archive ?
Prosise that other collateral legal issues, apart from the elements of the offense, are not typically decided prior to a guilty plea, and may not be precluded in subsequent litigation.
While not elements of the offense, the Marcum factors were critical because they help determine what made the accused's conduct criminal.
Inferred Intent Based on the Elements of the Offenses and Their
In this context, "chapeau" refers to the special circumstance in which the offense is committed, which can amount to one or more substantive elements of the offense itself.
In that regard, the court of appeals held that the RCRA requires knowledge of all of the elements of the offense, including knowledge that a permit was required.
Aguayo-Delgado, the Eighth Circuit said, "[I]f the government wishes to seek penalties in excess of those applicable by virtue of the elements of the offense alone, then the government must charge the facts giving rise to the increased sentence in the indictment.
91) If the fundamental right at issue in Egelhoff had been characterized more generally as the defendant's "right to a fair opportunity to put forward his defense, in adversarial testing where the State must prove the elements of the offense beyond a reasonable doubt,"(92) the outcome of the due process inquiry may have been different.
Debate over the status of the predicate acts constituting a "continuing series" for the purposes of the CCE statute, in particular, has generated a split in the circuits: The Third Circuit has determined that CCE predicates are principal elements of the offense, requiring unanimity, while the Seventh Circuit and the D.
These persons, whom I will label "Intentional S-D Killers," are, indeed, acquitted because they were "justified" in their actions rather than because the government failed to prove commission of the elements of the offense.
02(4)'s presumption that an express mens rea term applies to all elements of the offense unless a statute clearly specifies otherwise.
in the military, those elements required to be alleged in the specification, along with the statutory elements, constitute the elements of the offense for the purpose of the elements test.
He's more comfortable in space than in the pocket, and some of the new elements of the offense will focus on that.