How Has The Definition Of Burglary Changed From The Old Comm

How has the definition of burglary changed from the old common law definition?

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The legal concept of burglary has undergone significant transformation from its origins in common law to its modern interpretation in criminal statutes. Historically, under common law, burglary was narrowly defined as the unlawful breaking and entering of the dwelling of another at night with the intent to commit a felony inside. This traditional definition emphasized specific elements such as the time of day (nighttime), the nature of the place (a dwelling), and the method of entry (breaking), which collectively constituted the crime. The traditional common law burglary was thus characterized by its focus on the victim's dwelling and the clandestine entry, reflecting societal concerns about personal safety and property security during that period (Schmalleger, 2017).

Over time, legislative reforms have broadened the scope of burglary to address contemporary issues and technological advancements. Modern statutes tend to define burglary more inclusively, often removing the requirement that the act occurs at night or specifically involves a dwelling. Today, burglary generally involves unlawfully entering or remaining in a building or structure with the intent to commit a crime therein, most commonly theft, regardless of the time of day or whether the structure is a residence or commercial property. This shift reflects a legislative aim to prevent a wider range of illegal intrusions and protect property more comprehensively (Schmalleger, 2018). For example, the Model Penal Code (MPC) defines burglary as unlawfully entering a building or occupied structure with purpose to commit a crime, without specifying the time or whether the entry is by breaking.

The evolution from the old common law to modern statutory definitions also emphasizes the actus reus and mens rea elements of burglary. Actus reus, the physical act of the crime, includes entering or remaining in a structure unlawfully. The mens rea, or mental state, involves the intent to commit another crime once inside, usually theft or another felony. Under common law, the mens rea of burglary was strictly connected to the intent to commit a felony at the time of unlawful entry. Modern laws maintain this requirement but often specify that the intent must be present at the time of entry or remaining (LaFave et al., 2017).

Furthermore, with advancements in security measures and changes in societal norms, the definition encompasses a broader range of scenarios. For instance, modern laws recognize that unlawful entry can occur through various means, including trespassing or using tools, and the intent requirement ensures that the act is not merely accidental or incidental but maliciously aimed at committing a crime. Consequently, the definition of burglary now reflects broader concerns for property protection and criminal conduct, aligning legal standards with contemporary issues (Schmalleger, 2020).

In conclusion, the definition of burglary has expanded from a narrow, nighttime, dwelling-specific crime under common law to a broader, more inclusive statutory crime that covers various types of structures, times, and methods of unlawful entry. This evolution illustrates the legal system's response to societal changes, technological advancements, and the need for comprehensive property protection, while still maintaining core elements like actus reus and mens rea essential to the crime.

References

• LaFave, W. R., Israel, J. H., King, N. J., & Kerr, O. S. (2017). Criminal law (8th ed.). West Academic Publishing.
• Schmalleger, F. (2017). Criminology today: An integrative introduction. Pearson.
• Schmalleger, F. (2018). Criminal justice today: An introductory text. Pearson.
• Schmalleger, F. (2020). Criminology. Pearson.