Ariz. Rev. Stat. Ann. § 13-11 (2007). Retrieved from http://www.azleg.gov/arizonarevisedstatutes.asp?Title=13 — Elements crime

Elements of a crime

name

JUS-521-005

21 January 2015

Professor Kyan Ware

The elements of burglary under title 13 and chapter 15 consist of 1) criminal trespassing in the 3rd degree, 2) criminal trespassing in the 2nd degree, 3) criminal trespassing in the 1st degree 4) possession of burglary tools, master-key and manipulation key, 5) burglary in the 3rd degree, 6) burglary in the 2nd degree, 7) burglary in the 1st degree, 8) willful failure to complete of carry alien registration documents (Ariz. Rev. Stat. Ann. § 13-15, 2007).

There are 4 elements under Chapter 11 that are needed to prove prosecution. First element is the unauthorized breaking which equates to trespassing. Trespassing must occur without the victim’s knowledge or permission. If the suspect uses trickery or misrepresentation to gain entry that is also considered trespassing (Net industries, 2015). The second element is entry, which is when there is physical entry into a facility or dwelling by any part of the suspect’s body. Entry is the act that is followed by the breaking. If a burglar uses his foot or any part of the body to gain entry to a home such as kicking down the door, momentary intrusion can be suffice. If the thief decides to use someone else such as a child to enter, who is not legally capable to commit the crime the entry of the dwelling is than imputed to the thief (Net industries, 2015). The third element is into a building or occupied structure. The offense must be into the dwelling of another to constitute the offense. A warehouse protected by a security guard does not equate to a dwelling. If the warehouse was within the surrounding of the dwelling it could be treated as part of the dwelling for burglary purposes. Burglary is defined as the felony of breaking into and entering the house of another at night with intent to steal, extended by statute to cover the breaking into and entering of any of various buildings, by night or day (Buckles, 2006). The last element is; with the intent to commit a crime inside. In order for a break-in to constitute a burglary the person who is doing the break-in must have the intent to commit a crime in the building. This crime is usually to take something from a dwelling without authorization.

The elements of homicide under chapter 11 consist of 1) negligent homicide, 2) manslaughter, 3) second degree murder and 4) first degree murder (Ariz. Rev. Stat. Ann. § 13-11, 2007).

Homicide is defined as the killing of one human being by another (Homicide, 2015). There are several types of homicide including intentional, negligent, reckless and justifiable homicide. Be advised that not all homicide is murder for example justifiable homicide is when self-defense is involved. The person who is attacked tried everything in their power to get away from the attacker in attempt to protect himself /herself and no choice but to use deadly force. In homicide there are 4 elements that are needed for prosecution. The first element is intent, intent must be proven for homicide to be relevant. The prosecutor must show that the suspect thought and deliberate about the crime before he/she carried out the crime (Johnston, 2015). Intent can also be present in an inverted manner. If a person’s action is real reckless and the action cause the death of a human being than that action can be viewed as intent because the action can be perceived as obvious. Act is element number 2, it is the physical action that one person used to take another person’s life for example did you use a weapon to kill the person. What did the person do to physically commit the homicide or if evidence exist that can prove it. Failure to act can also fall into the definition of act. If a child is being neglected by one parent and the other parent knows that neglect is going on and turns a blind eye and act as if he/she doesn’t see what is going on and the neglect results to death that is an example of failure to act. Causation is element number 3, Causation is the ability to prove that the action of the person who committed the homicide was directly the cause of the death (Johnston, 2015). Causation deals with the event that actually cause the death of the victim. There must be proof that the action of that person who committed the murder led to the death of the victim. Causation must be proven before the alleged can be charged with homicide. In cases where causation may fall into question, extensive investigations must be done such as an autopsy to prove the cause of death (Johnson, 2015). Sentence is the 4 element under homicide. This is the phase when the person who is proven to be guilty of homicide is sentence by a judge as to how many years or sometime month he or she will be incarcerated in prison to pay for the murder that was committed.