Draft Rules and Outline for Legal Analysis Assignment
C: Jossery’s office probably is an “inhabited dwelling house” for purposes of the first-degree burglary. Jossery was known to work late into the night and sleep in the office. When Moran, one of his clients, stole his antique clock, she knew that Jossery lived in his office because he would not be in an office to spend the vacation out of the town. In addition, she knows that cleaning teams work until approximately 10 pm, and there were cameras.
R: First-degree burglary is whether a reasonable person expects some protection from unauthorized intrusions into the dwelling. Moreover, a dwelling is where a reasonable person would expect some protection from unauthorized interference, even if it is a temporary dwelling.
E: Monroe stole an antique clock from Jossery’s desk while he slept, believing he would not be in the office for a vacation out of town. However, Jossery is known to sleep in an office and a constant presence in the office. Courts consider whether or not the dwelling is “inhabited.” The court also indicated that a dwelling has a broad definition; however, it is where a rational person sleeps, without expecting that it will penetrate or attack his privacy (Jason VILLALOBOS) & (Philip FOND).
An inhabited home is a place where people usually live and are currently used for housing purposes, so it does not need to be the victim’s ordinary or primary residence to be considered a dwelling house. The court’s question was whether the nature of the structure’s configuration was such that a reasonable person would expect some protection from unauthorized interference. Thus, a temporary place of residence may be inhabited. Furthermore, people are in the weakest position when they are asleep because they cannot monitor our safety or property security. Which is why when people cannot sleep in their home, they look for another private place to sleep, whether it is a hotel room or a friend’s house. Society expects at least as much privacy in these places as it does in a phone booth (Jason VILLALOBOS).
Every burglary on a haunted dwelling is a burglary of the first degree. An inhabited dwelling is a structure in which people usually live and is currently used for housing purposes (Philip FOND). In the Jossery case, the office was not the ordinary residence of a person but rather an inhabited dwelling in which a reasonable person would not expect an assault on his privacy.
A: The court considers the dwelling as a place where a reasonable person would expect some protection from unauthorized interference. Thus, a temporary dwelling, such as a jail cell, may qualify. Additionally, people expect freedom from unjustified interference in the room where they intend to store their personal belongings, sleep, and clothing … (Jason VILLALOBOS). Although Jossery was not showering in the office, his office had a pillow and cover, and he was known to sleep at the office. Furthermore, the burglary laws are based on recognizing the risks to personal safety resulting from the risk that the intruder will harm the occupant in trying to commit the intended crime or escape, and the risk of the resident reacting violently to anger panic—invasion, which calls for more violence (Jason VILLALOBOS). On the other hand, Birgit was assigned a room in the hospital, where she stayed overnight and stayed in it at the burglary, which is enough to make the room home for first-degree burglary purposes. Further, staying in the room for less than 24 hours, with a roommate, or room has no locks on the inside does not detract from her residence status (Philip FOND). Besides, the case with Jossery, although he only slept for an hour, he spent more than half of his days in the office.
C: First-degree burglary is whether a reasonable person expects some protection from unauthorized intrusions into the dwelling. Moreover, a dwelling is where a reasonable person would expect some protection from unauthorized interference, even if it is a temporary dwelling.
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