Criminal Trespass - Introduction, Related Crimes, Historical Background, Bibliography

Criminal Trespass - Introduction

The common law crime of criminal trespass generally consists of two basic elements. The first is trespass, which can be broadly defined as interference with another's actual and peaceable possession of property. Examples of such interference are entry onto or refusal to leave premises against the expressed wishes of the possessor. The second is breach of the peace, which generally involves force, …

Criminal Trespass - Related Crimes

Criminal trespass often overlaps with, or is similar to, other crimes. Three types of such related crimes are relevant here. The use or threat of force. Since criminal trespass may involve the use or threat of physical force, it overlaps with crimes prohibiting such use or threat. In particular, a criminal trespass may also involve the following distinct crimes: Criminal forcible entry and detaine…

Criminal Trespass - Historical Background

Trespass originated in England in the thirteenth century as a general concept indicating that the defendant had done a wrong and should, therefore, pay damages and be fined. Although there was no clear distinction between crime and tort (wrongs for which a civil remedy exists) at this time, the main emphasis was on providing civil remedies such as payment of damages or return of possession. The al…

Criminal Trespass - Bibliography