Gilberts Law Summaries
Please list the major common law criminal elements
Trespass to Land
Trespass to Chattel
Burglary
Theft
Larceny
Assault
Battery
Attempt
Robbery
etc
Mostly this part is about Criminal Elements “Black Letter Law” Definitions and Elements of Each Common Law Crime
Gilberts Law Summaries
Common-law stands for a body of the law got from judicial decisions made by the court. A tort is a civil wrong under ordinary law jurisdiction that poses harm or loss to a claimant. The damage or loss includes negligence, trespass to chattels, emotional distress, injuries, financial loss, invasion of privacy, and trespass to land, among others (Law, 2019). a penal code is also called the criminal code, and it refers to a document that contains criminal laws belonging to a particular jurisdiction, which includes the offenses. Their penalties, and some of the general provisions.
Trespass to land is one of the common law torts. It is known to be committed if a person or object invades a person’s property. That can either be intentional or by mistake, without an excuse from the law. The owner of the land is allowed to sue the trespasser even if the area is unharmed whatsoever. The elements of this crime include entry, another person’s property, without the consent of the owner, and damages caused. According to some jurisdictions, the law can also apply to public land that has been restricted from access. To remedy the tort, the court may order an injunction or payment of damages done. In case of an actionable trespass, action should be taken within the specified period. If not, the owner of the land loses the right to find a remedy. In other cases, he may also forfeit some of the rights to the property.
Trespass generally means the use of another person’s property wrongfully without being granted permission by the owner. Chattel stands for property or goods, either moving or stable, and so trespass to chattel is the interference with a person’s property that is acquired lawfully. That could mostly get done intentionally (Cristobal, 2016). For trespass to chattels to be proven, some elements are shown. These elements are such as the intent to trespass, lack of owner’s knowledge, and interference of chattels by either causing damage to the property, chattel dispossession, or meddling with a chattel belonging to another person.
Burglary means the act of breaking into a person’s house or property that has an entrance mostly during the night with the intent of committing a felony. Every state has its own rule of dealing with a burglary, which varies from state to state. Breaking involves opening a door using force or use of threats or fraud. Entering involves the insertion of an object through an opening to extract something or the actual entry by a person. The common law mostly consists of breaking into a household for a perpetrator to enter. Burglary is a felony under trespassing and theft, entering an automobile or a building or loitering. Burglary is an element of the crime that includes arson, kidnapping, theft of identity, rape, or violation of civil rights.
Theft is under trespass or instead invasion of privacy in common law tort. Theft is the act of taking of another person’s property without authorization, intending to deprive it of them permanently. Taking of another person’s property involves seizing the possession of that property from them by removing or attempting to remove it. The elements of theft include the act of taking property belonging to another person without their knowledge and intending to deprive the victim of the property. Different states vary on how they give punishment to theft from state to state, but in most cases, the thief is given a fine no more than a thousand dollars. Also, a sentence of imprisonment of twelve months or less is given. If a value of property worth more than five hundred dollars gets stolen, the crime is punishable as a felony.
Larceny is merged with theft statutes in some states. Larceny, as its own, is an offense derived from the common law. Its behavior is characterized as theft. That gives those states a reason to merge the two. Larceny is taking of another person’s property without permission. Most states that still recognize larceny codify the standard law definition within the penal code around those states (Epstein, 2018). The elements of larceny include the unlawful act of taking away property belonging to another person, without the knowledge of that person or rather the owner, and to deprive that person of the property permanently.
Assault is the act of attempting to commit a battery. Battery and assault, in most cases, go hand in hand. However, in some cases, assault can involve an act where the battery is not intended, but the defendant poses a threat that creates fear of battery taking place. The elements required for assault in common law are such as the ability to perform, an unlawful attempt, to cause an injury through violence, and to another person. The elements of battery are such as intent to commit the act, the contact with the victim’s belongings such as clothes, and the harm caused either physically, emotionally, mentally, or just to a property owned by the victim.
The attempt is under inchoate offenses. Such offenses include conspiracy, incitement, and solicitation. Inchoate crime is a type of crime that is not developed fully. The elements of attempt include intent and conduct in crime completion (Shave, 2017). Statutory attempts differ from state to state under the concepts of the common law. Conspiracy is a crime even though no actual damage is done to a person or property. The attempt to commit a crime poses the danger of loss, and therefore it is regarded as a complete crime. Examples of crimes classified under attempts are such as attempted murder, and it varies by jurisdiction. The punishment for the effort is less severe than the actual committing of a crime.
The essential elements for robbery include taking with the intention of stealing, another person’s property, from them and in their presence, but against their will. That is either through violence or a threat of force. The force used to threaten the victim can be slight or aggressive. Strength goes in hand with robbery, and its timing matters. For instance, if violence is used by a thief when trying to flee from a scene of the crime, he would be charged with the offense of theft and assault. Robbery is excluded. There are different degrees of robbery, depending on the severity of the crime. If a defendant uses a dangerous weapon to commit a crime or causes injuries on a victim’s body, then a second-degree robbery becomes aa first-degree case.
Generally, criminal codes get looted for because of introducing consistency to legal systems and making criminal law accessible to laypeople. In the case where case law and legislation are not easily accessible, or not understood by people who are not lawyers, a code helps to avoid the chilling effect. Trespass means the use of another person’s property wrongfully without being granted permission by the owner. Inchoate crime is a type of crime that is not developed fully. The elements of attempt include intent and conduct in crime completion.
References
Cristobal, K. S. (2016). From Law in Blackletter to Blackletter Law. Law Libr. J. 108, 181.
Shave, S. A. (2017). Gilbert’s Act: Workhouses for the vulnerable. In Pauper’s policies. Manchester University Press.
Law, W. I. T. (2019). Introduction to Tort Law.
Epstein, R. A. (2018). A Common Law for the First Amendment. Harv. JL & Pub. Poly, 41, 1.
