ECPI University First Degree Burglary Paper EO 2.5 Everyone has seen crime shows where someone is on the witness stand in a trial and they are asked vario

ECPI University First Degree Burglary Paper EO 2.5

Everyone has seen crime shows where someone is on the witness stand in a trial and they are asked various questions from both the defense and the prosecution. In this circumstance, for the most part, you simply respond to the question asked. The second you veer away or begin to talk about something the attorney does not want you to discuss, you are abruptly cut off and/or the opposing side objects. Further, you often have no idea what the question(s) will be.

Prior to all of this, there must have been a probable cause hearing (sometimes called initial appearance). This is necessary to establish enough probable cause to go forward to an actual trial. There will be no trial if police cannot get a case through this first level of the criminal justice process. This probable cause hearing is typically short and to the point. The defendant can have an attorney present but there is typically very little questioning of witnesses by attorneys. Remember, this is not a trial to determine guilt or innocence, which will come later. Some judges can and do allow this to go on but the preference is to keep the process going smoothly and quickly. As a general rule the officer will outline the basic facts of the case being sure to meet the elements of the crime and the defense attorney may ask the officer a few basic questions. Generally, there is no District Attorney present unless it is a high- profile felony case which means, the officer is on their own.

Instructions

STEP 1

Read the following three brief articles and Ga Code 16-7-1:

What is a Preliminary Hearing?

https://criminal.findlaw.com/criminal-procedure/preliminary-hearing.html (Links to an external site.)

Example of Meeting the Elements of a crime at a preliminary hearing

https://www.nolo.com/legal-encyclopedia/winning-preliminary-hearing.html (Links to an external site.)

Meeting the Elements of the crime of Burglary

https://criminal.findlaw.com/criminal-charges/burglary-overview.html (Links to an external site.)

Ga Code 16-7-1

As used in this Code section, the term:

(1) “Dwelling” means any building, structure, or portion thereof which is designed or intended for occupancy for residential use.

(2) “Railroad car” shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.

(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.  A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.  Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than 20 years.  Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years.

(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft.  A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.  Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.

(d) Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld.

Step 2

Create a scenario in 2 to 3 paragraphs where a person commits a Burglary 1st Degree under Ga 16-7-1. There should be no “wiggle room” as to whether or not the incident is a Burglary 1st Degree. You should identify the elements of the crime from the statute and your scenario should clearly meet those elements.

On a second document, write out your testimony as you would give it in a preliminary hearing to describe the incident and clearly establish through testimony that the elements of the crime were met.