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Read the following facts and answer the 3 questions below. Facts Bailey Dawson has been fired from his job as a clerk at an electronics

Read the following facts and answer the 3 questions below.

Facts

  • Bailey Dawson has been fired from his job as a clerk at an electronics store.
  • Bailey is angry and decides to break into the store and steal some Apple laptops.
  • The store closes at 5. Bailey plans to break into the store at 5:30. When he arrives, Bailey is feeling nervous and smokes a cigarette in the back of the store by a dumpster. After he smokes, Bailey throws the cigarette in the dumpster even though he sees a sign on the dumpster that says, "DO NOT DISPOSE OF FLAMMABLE MATERIALS IN THIS DUMPSTER. FLAMMABLE MATERIALS MAY CATCH ON FIRE AND THE FIRE MAY SPREAD TO NEARBY BUILDINGS."
  • As Bailey is about to break the lock on the back door, one of his former co-workers drives up. She doesn't seem surprised to see Bailey. She tells Bailey she is going to take inventory and invites Bailey to come in with her.
  • Bailey likes his co-worker and is still feeling nervous about his planned crime, so he helps his co-worker take inventory.
  • After they finish taking inventory, Bailey's co-worker tells him she feels sorry for him because he was fired. She takes an iPhone from a display case and says, "This is yours. Take it as compensation for being fired." Bailey takes the iPhone.
  • Bailey and his co-worker start to smell smoke. They run out the back of the store and realize it's on fire. It looks like the fire started in the dumpster and spread to the building. They call 911.
  • Bailey is later charged with burglary of the store, larceny of the iPhone and arson of the store.

Elements of Burglary

  • The act: The defendant entered a commercial establishment during non-business hours.
  • Mental state: When the defendant entered the commercial establishment, he intended to commit a felony (in this case, larceny).

Elements of Larceny

  • The act: The defendant took property owned by someone else without the owner's consent.
  • Mental state: When the defendant took the property, he intended to not give it back to the owner.

Elements of Arson

  • The act: The defendant burned or committed an act that caused the burning of a building.
  • Mental state: When the defendant burned or committed an act that caused the burning, he did so with the intent to cause the burning of the building.

-following questions:

1- Did Bailey commit the crime of burglary? Explain why or why not.

2- Did Bailey commit the crime of larceny? Explain why or why not.

3- Did Bailey commit the crime of arson? Explain why or why not.

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