Compare and contrast common law burglary to modern law burglary

Question

What will be an ideal response?

Answer 1

Burglary, like criminal trespassing, is concerned with property invasion. It is different from trespassing, however, because burglary typically adds to the invasion the intent to commit a felony. At common law, the elements of burglary were as follows: 1) Breaking and entering; 2) Of the dwelling of another; 3) During the nighttime; 4) With intent to commit a felony inside. Breaking and entering is akin to trespassing. "Breaking" meant forcible entry, but simple "entering" also sufficed, say, if the front door was unlocked. Also, like trespassing, "breaking and entering" assumes the person doing it does not have the owner's consent. Next, common law burglary was limited to dwellings—particularly "others'" dwellings. This meant (and still means today) that a person could not burglarize his or her own dwelling. Next, burglary was defined at common law as a crime that was committed at night. Finally, common law burglary required that the intent to commit a felony was in place at the time of the breaking and entering. So, if a person forcibly entered the dwelling of another at night but had no intent to commit a felony inside, a burglary did not occur. Modern burglary statutes retain most of the common law elements, but the nighttime requirement has been largely abandoned. Since burglaries are largely crimes of opportunity, they often occur during the daytime when people are not home, so it is sensible to relax the nighttime requirement. Several states have also eased up on both the "dwelling" and "intent to commit a felony" requirements. With respect to the former, many structures besides dwellings can now be burglarized. Likewise, many statutes permit burglary convictions if the defendant intends to commit a "crime," which of course includes felonies and misdemeanors.