State Statue Analysis 1. Statute: The State Statute under section §321.5 reads “any individual who maliciously and willfully burns the dwelling home of another person is punished by a period of incarceration, which does not exceed five years in imprisonment and/or a fine not exceeding $5,000 (Goodrich, 2003, p. 94). 2. Facts: It is evident that the police are asked to come Harry’s property to ascertain if it is a case of trespass. As the police arrive at the scene, the house of Harry’s is being consumed by fire, and Ann is seen on the property carrying a can containing gasoline. 3. Question: Are there chances that Ann will be convicted of contravening the requirements of State Statute under section §321.5? 4. Analysis: Dividing the State Statute …show more content…
Question: Is John in all probability to be declared guilty of going against the requirements outlined in the State Statute under section §123.678? 4. Analysis a. any individual It is clearly established. b. breaking It is plausibly established since John manages to break the glass around the door handle. However, one can opt to verify the actual meaning of the “breaking” by conducting an extensive research. c. entering It is debatable. In this case, was John’s whole body inside Mary’s condominium or why was it necessary to report that some of his body parts were inside the dwelling units? Therefore, additional research is required to answer these questions. d. dwelling house It is credibly established; however, it is debatable. Even though a condominium is regarded as a dwelling place, it is still possible to argue that it is not a “home.” Therefore, extensive research is required. e. one’s dwelling house It is clearly established since Mary owns the condominium. f. during the night In this case, more information is required. To be precise, the facts are not indicating whether the felony took place during the day or …show more content…
Conclusion: Even though the defendant’s attorney can establish after a thorough research that potential defenses exist regarding the elements of “dwelling house” as well as “breaking,” two probable defenses appear promising. To be precise, the defendant, John, only entered Mary’s condominium with certain parts of his body. Therefore, it is through research that the attorney can declare that one’s entire body ought to be inside the house to make an “entering.” In addition, additional information is required to establish whether the crime was done during the night. However, if it did not, then, John has a precise defense to this crime charges. 1. Statute: The State Statute under section §14.82 reads, “It is wrongful for one to intentionally kill or injure any animal inhabiting a state-designated game reserve area” (Goodrich, 2003, p. 95). 2. Facts: It is apparent that Harry is hunting down animals in the Everglades swamp. As he attempts to shoot what he thinks is a quail, he instead kills a Florida panther. However, hunting of quail birds in Everglades is permissible. 3. Question: Is Harry probable of being declared guilty of breaching the requirements of the State Statute under section §14.82? 4. Analysis a. for