Dan goes to a home and steals a television while you are in class. He breaks the window in early afternoon, unlocks the window, and takes the television out the front door. Which of the following reasons is the best explanation of why he cannot be charged with burglary under common law?
Question options:
1- Doctrine of corpus delicti |
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2- Doctrine of ex post facto |
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3- Principle of stare decisis |
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4- Distinction between mala in se and mala prohibita |
Dan goes to a home and steals a television while you are in class. He breaks the window in early afternoon, unlocks the window, and takes the television out the front door. Which of the following reasons is the best explanation of why he cannot be charged with burglary under common law?
The correct answer is 1. Doctrine of corpus delicti
Justification - Dan cannot be charged with burglary because of Doctrine of corpus delicti. According to the definiton of corpus delicti, that in order to withheld someone as a criminal, his or her actions must be proved with proper evidence.The corpus delicti is proof based because a crime scence might have many loose ends because of which, without proper proofs, a person cannot be tagged as a criminal.
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