DISCUSSION
Interpretation of codified crimes continuously evolves as science and technology advance. For our criminal justice system to work, the concept of advocacy must exist at all levels and in all branches of the system and be as strongly argued for the government as for the criminal defendants. By having two disparate sides analyzing and arguing the same set of facts based on the same codification of law, the criminal justice system is, at its best, protecting the innocent and isolating the guilty.
For this discussion, it will be necessary to practice advocating for definitions of a simple element in a common-law crime-burglary.
Burglary is the unlawful entry into the dwelling place of another at nighttime with the intent to commit a felony.
The criminal justice system, for many decades, argued over the term nighttime until the U.S. Supreme Court finally provided the final definition. Many jurisdictions removed the nighttime element from the crime to simplify prosecution.
What is your definition of nighttime? Why do you think your definition is correct? Use of various definitions of the element by state and the U.S. Supreme Courts is permissible but not required.
The response should include a reference list. Double-space, using Times New Roman 12 pnt font, one-inch margins, and APA style of writing and citations.