Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
30. Which of the following, if proved, would serve as the man's best defense to the charge?
The man has been charged with burglary in a jurisdiction that follows the common law.
A woman broke off her engagement to a man but refused to return the engagement ring the man had given her. One night, the man entered the woman's house after midnight to retrieve the ring. Although the woman was not at home, a neighbor saw the man enter the house and called the police. The man unsuccessfully searched for the ring for 10 minutes. As he was walking out the front door, the police arrived and immediately arrested him.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. This fact does not provide a defense to burglary, because the man still broke into and entered the house without the woman's consent. Instead, the man's subjective belief that he was entitled to the ring (even if that belief was incorrect and unreasonable) negates the intent required for the underlying felony of larceny.
C is incorrect. This fact does not provide a defense because the crime of burglary does not require that the dwelling be occupied at the time of the breaking and entering.
D is incorrect. This fact does not provide a defense because burglary requires that the person breaking and entering intend to commit a felony, not that the person be successful in committing the felony.