LAW CASE

Law Case

[Institution Name]

Law Case

Introduction

Mistakes are made by every human being. Although, these mistakes rise to such an extent that cannot be controlled and hence turn into serious offences and crimes. Analysis of the case of Mr. Best shows that he committed burglary because of poor economic conditions and lack of job security. A person can be charged with burglary under the New York law, if he enters someone else's property with the intention to commit a felony or to steal something, even if the crime was not committed by that person in actuality.

Discussion

If someone enters a building, with the intention of committing a felony or a crime then, it would be said to be a criminal offense under the law. As Mr. Best entered the fire station intending to steal the stereo and a box of CDs. Burglary is considered a serious crime punishable by imprisonment, a fine, or both. Once a person is in a building or dwelling in which he is not allowed or authorized as he or she would have trespassed or break into that property at night time, then it would be stated as burglary under common law once inside the dwelling. Like the moment when Mr. Best stepped into the fire station, under common law he became a burglar because he was an ex-employee, and not authorized to enter the fire station without prior permission of the person in-charge of the station. Most states have codified these elements into their criminal codes with minor variations in each jurisdiction.

It is necessary that the element of trespassing into a dwelling is without the consent of the owner of the dwelling or victim of burglary. As in the given case the fire departments consent was lacking. Lack of consent is proven even when a burglar accesses into the property by forging his or her identity. The breaking element consists of creating an opening for entry into a building by removing an object that is blocking access. Breaking may be demonstrated without proof that the defendant blasted opens a wall to gain entry. Instead, proof of a criminal breaking may be satisfied by evidence that the defendant walked through a closed door or climbed through a closed window, regardless of whether these barriers were locked at the time of entry. In the given case, Mr. Best has admitted that he did break into the fire station. “Breaking” at common law does not constitute entering through a preexisting opening. However, this rule is no longer followed by a number of states today and considers trespassing (breaking) to include entry gained by the minutest use of force through even a partially accessible opening.

The common law requires proof that a thief unlawfully entered another person's dwelling before the act was constituted as burglary. In the given scenario, the confession of Mr. Best to the police is the proof. Dwellings defined as the house, residence, or habitation where a person normally sleeps, though proof of the dwelling's occupancy at the time of ...