...The criticisms on the law of robbery and burglary is that In order for robbery to be committed, theft needs to be completed, in cases of theft appropriation only occurs at one time whereas in the robbery theft is a continuing act, as seen in the case of Lockley where defendant (D) used force to escape after he had stolen; therefore this is a problem because when using elements of theft it conflicts with the courts approach in theft cases. The Theft Act 1968 does not give any definition of the key elements of ‘entry’, ‘trespasser’, ‘building or part of a building’ in burglary. The inconsistency of not having any definitions causes the courts into deciding what the Act actually meant; therefore leading to different courts making different decisions on what it means, especially what is meant by ‘entry’. This is a problem because it means judge made law going against what the parliament actually meant. In addition to this the law on entry has changed as seen in the case of Collins where the principle stated that the D must know they are a trespasser or are reckless in not knowing. Here the CoA held that there needs to be ‘an effective and substantial entry’. However when it came to the case of Brown the ‘substantial’ part was removed and Brown was guilty of burglary as his entry was ‘effective’. Whereas in the case of Ryan ‘effective’ element was abandoned and Ryan was guilty because the jury found that D had entered the house. The decisions in these cases are inconsistent and...
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...TUAGIRA Mike From RWANDA BURGLARY I. Introduction Nowadays, serious property crimes are among types of crimes that most people of various societies fear. Burglary is then one of the serious property crimes and it was defined differently by different scholars. In this essay, burglary will be discussed in its details by looking its historical background, its patterns and trends, characteristics of offender, victim and offence. Indeed, there will be analysis of its constitutive elements, reaction and response of the society to it, policing strategies in preventing and investigating burglary as well as challenges in its prosecution. II. Historical perspective II. 1. Background and definitions Historically, an offence to be qualified as burglary required entry into any structure even if the occupant is not therein at that time of entry. Traditionally, to be qualified as burglary, an offence must have occurred at nighttime when natural light was insufficient to identify a face (Hall and Clark, 2002). Finally burglary required the intention of perpetrator to commit a felony when entering the other’s dwelling even if the perpetrator did not commit or attempt to commit crime inside the structure. Today, many states recognize that there is a burglary when there is entry into any construction suitable for occupancy such as residential or commercial houses, car and others, while for the first degree burglary requires entering dwelling. Burglary in its modern appearance requires...
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... if it passes, would double the maximum prison term for anyone convicted of armed robbery. My boss knows the bill is popular, but wonders if it will do much good. I will explain what recommendations I would make, the reasons for my recommendations, and is it a good bill or a bad bill to pass and how effective the bill will be. The demonstration of burglary can happen pretty much anyplace and at whatever time. Burglaries can take put in private or open spots. Burglary is the robbery from an individual by utilization drive and trepidation. The level of power or apprehension does not need to be extensive to advocate the statutory necessities. Criminal acts are carried out every day around the country. Law implementation orgs, criminal equity framework, and people in general are ones that has and will consistently manage wrongdoing in America. The point of sentencing is to serve as a hindrance to the criminal from carrying out a criminal demonstration. The state government is making lawful move, by executing a charge that will twofold the greatest sentencing for somebody indicted arm burglary. As a criminologist guide to the state governing body, I have been tasked with composing a proposition to the bill being referred to. The base discipline for arm theft is three to seven years relying upon the seriousness of the wrongdoing, and the greatest sentencing is twenty-five years to life in jail additionally relying upon the seriousness of the wrongdoing. The legislature...
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...(http://theftdefenseattorney.com/larceny-law-resource/misdemeanor-larceny-vs-felony-larceny/). In Scenario #2 where Sarah sees Makoto with a laptop, holds him at gunpoint and forces him to give up the computer, Sarah is committing Aggravated Robbery. Aggravated Robbery, because she used a deadly weapon to invoked fear in Makoto, so that he would give Sarah his personal property. Sarah running away with Makoto’s computer is an indication that she intended to permanently deprive Makoto of his property. In Scenario #3 where Sarah enters Makoto’s property to obtain the laptop computer she seen on a desk inside his home, she is committing Burglary. In this situation, she has committed Burglary, because she broke Makoto’s front door lock, entered his dwelling, and stole his laptop computer. Had she used her gun at all during this burglary, then it would be aggravated burglary, since the firearm is a deadly weapon. References: BlanchLawFirm.com, (2002). Misdemeanor Larceny vs Felony Larceny. Retrieved on 2/19/2015. Retrieved from: http://theftdefenseattorney.com/larceny-law-resource/misdemeanor-larceny-vs-felony-larceny/. Miller, R. & Jentz, G., (2008). Fundamentals of Business Law Part 1. Cengage...
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...The criticisms on the law of robbery and burglary is that In order for robbery to be committed, theft needs to be completed, in cases of theft appropriation only occurs at one time whereas in the robbery theft is a continuing act, as seen in the case of Lockley where defendant (D) used force to escape after he had stolen; therefore this is a problem because when using elements of theft it conflicts with the courts approach in theft cases. The Theft Act 1968 does not give any definition of the key elements of ‘entry’, ‘trespasser’, ‘building or part of a building’ in burglary. The inconsistency of not having any definitions causes the courts into deciding what the Act actually meant; therefore leading to different courts making different decisions on what it means, especially what is meant by ‘entry’. This is a problem because it means judge made law going against what the parliament actually meant. In addition to this the law on entry has changed as seen in the case of Collins where the principle stated that the D must know they are a trespasser or are reckless in not knowing. Here the CoA held that there needs to be ‘an effective and substantial entry’. However when it came to the case of Brown the ‘substantial’ part was removed and Brown was guilty of burglary as his entry was ‘effective’. Whereas in the case of Ryan ‘effective’ element was abandoned and Ryan was guilty because the jury found that D had entered the house. The decisions in these cases are inconsistent and...
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...The criticisms on the law of robbery and burglary is that In order for robbery to be committed, theft needs to be completed, in cases of theft appropriation only occurs at one time whereas in the robbery theft is a continuing act, as seen in the case of Lockley where defendant (D) used force to escape after he had stolen; therefore this is a problem because when using elements of theft it conflicts with the courts approach in theft cases. The Theft Act 1968 does not give any definition of the key elements of ‘entry’, ‘trespasser’, ‘building or part of a building’ in burglary. The inconsistency of not having any definitions causes the courts into deciding what the Act actually meant; therefore leading to different courts making different decisions on what it means, especially what is meant by ‘entry’. This is a problem because it means judge made law going against what the parliament actually meant. In addition to this the law on entry has changed as seen in the case of Collins where the principle stated that the D must know they are a trespasser or are reckless in not knowing. Here the CoA held that there needs to be ‘an effective and substantial entry’. However when it came to the case of Brown the ‘substantial’ part was removed and Brown was guilty of burglary as his entry was ‘effective’. Whereas in the case of Ryan ‘effective’ element was abandoned and Ryan was guilty because the jury found that D had entered the house. The decisions in these cases are inconsistent and...
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...Mark Jenkings Professor Renee Spraggins BEHS 453 February 12, 2015 Case Study 2 Who Is Responsible Ron was definitely on the right track after buying a pair of slacks from JC Penny’s because he was heading straight home. Also, he was kind of on the wrong track because instead of putting the bag in the trunk, he threw it in the back seat making it visible to the public if he was to pull over at the store or anywhere else. In this case, he did pull over at the store and someone happened to see a bag in the back seat and broke into his car. I wouldn’t give Ron 100% blame in this incident because in life things happen and he didn’t ask for anyone to break into his car. On the other hand, he should have put the bag in his trunk from the beginning and went straight home. Even if he didn’t go straight home, if the bag was in his trunk the robber possibly wouldn’t have stolen the bag. I give Ron 60% responsibility for his actions. In Bobby’s situation, he was specifically told by his parents on his day off of school to stay home and do not go anywhere. His first mistake was not listening to his parents and by going in his mother’s drawer and stealing money. Bobby is only 12 years old leaving the house not supervised he was definitely at risk. His intentions were pretty good by getting ready to treat Andy and Joey to the theatre but there’s a saying that people say and that’s “what goes around comes around”. By Bobby stealing money from his mom, the tables turned around...
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...difference between these burglars is that they each organize the crime differently and not all of them did it the same way. In the first interview the bugler said that he pick his targets by focusing his attention on a particular house that he likes or want to burglarizes. He also looks at if a particular house has curtains because the one that does not have them is where the elderly people live in. He would also go to places that only he is familiar with but, most of them he already knew because all the targets that he chooses are a few blocks away from his house or around his neighborhood. The way he as a burglar would organizes these crimes is by going with a group of friends. For the males they never go alone if they decide to do burglaries but, with female they do it alone. For the guys they would all go in at the same time and grab whatever expensive stuff that they want. To them what is considering expensive would be like radios, TV, VCR, and couple appliances but they would not take extremely heavy stuff. Then with the stuff they get; they would just sell it and people would buy it and the money people pay them would range from sixty five to one hundred dollars. They would also avoid nosy neighbors because then they do not want to get caught and with nosy neighbor they might call the cops. Second interview the burglar would pick targets from middle class area and he would not go to a poverty area because he knows that they have nothing much at their house already. He...
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...Crimes against Property 2 The definition for property crimes, according to www.findlaw.com/propertycrime; property crimes are crimes related to theft or destruction of someone else’s property. The crimes can range for shoplifting as the lower level and armed robbery and arson as the higher level. Illustrate the different ways that the taking requirement can be met in the crime of shoplifting, and how private security officers are trained to handle a shoplifting incident. The crime of shoplifting, according to Gardner/ Anderson, (2012); is retail theft, is form of theft and larceny. Shoplifting has the same essential elements as theft and larceny: a taking and carrying away, of the property of another, without consent and with intent to steal and deprive the owner of possession of the property. In modern self-service stores, customers are invited to examine merchandise in display. According to Gardner/ Anderson, (2012); garment may be taken to dressing room and tried on. Stores do not consent to concealment of their merchandise by customers. The merchandise is offered for sale, and if customers are not going to purchase an object, they are obligated to return the merchandise to the display counter in good condition. Private security officers and retail employees, according to Gardner/ Anderson, (2012); if crime was not seen, it has not happened. Customers...
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...Stu Dent v. State Sentencing Proposal The sentencing stage is the last part of the criminal trial. In the Stu Dent v. State case the outcome of the sentencing can very from charge to charge. The prosecution and Defense attorneys have rested their cases and the decision has been made in this case. The judge now take the arguments in to consideration and pass down a judgment on the sentence the defendant will face. The defendant is charged with Homicide, kidnapping, burglary, assault of a police officer, and possession of drugs. The facts that lead to homicide are Uma Opee was stabbed 13 times and the skin particles under the victim’s nails matched the DNA to Stu Dents. The facts leading to the assault on a police officer comes when he punched Officer T. Chur in the face and yelled "Alien". Kidnapping comes from the fact that Mr. Dents used rope to tie the victim and he stuffed her mouth with cloth. Burglary charges are result of Mr. Dents entering the victim’s apartment without permission to be there and having the intent to commit a crime within that residence. Mr. Dents is also charged with possession of drugs because in his house was drugs that were found, the same drug ecstasy with the "thumbs-up" imprint found at the victim's apartment. In the State v. Stu Dent case the charge of Homicide carries the most weight of any of the charges. Mr. Dents is charged with Murder due the fact that the victim was stabbed 13 times and evidence supported the fact that Mr. Dent was...
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...needs to be addressed is the investigator having knowledge of theft and related offenses and must be accustomed with the descriptions of how the jurisdiction in which the investigator handles things . Some general information that the investigator must have knowledge of is The Model Penal Code. The definition for The Model Penal Code is a person is guilty of robbery if they inflict serious bodily harm on another person, threatens or intentionally puts victim in fear of serious bodily injury, or commits or threatens to commit any felony of the first or second degree. Burglary is defined as “trespassing breaking and entering of the dwelling of another at night with intent to commit a felony therein” (). When you are investigating a Burglary it is important for the investigator have some type of background in the crime. You do not want to send someone who only has been dealing with sex crime in to a Burglary scene; they wouldn’t know what they should be looking for. They must be accustomed with the descriptions of how the jurisdiction in which the...
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...Graham vs. Florida Docket No. 08-7412 Case Basics: Petitioner-Terrence Jamar Graham Respondent-Florida Decided By-Roberts Court (2009-2010) Opinion-560 U.S.__ (2010) Granted-Monday, May 4, 2009 Argued-Monday November 2, 2009 Decided-Monday, May 17, 2010 Advocate’s-Brian S Gowdy(for the petitioner) Scott D Makar-(solicitor general of Florida, for the respondent) 16 year old Terrence Graham was convicted of armed burglary and attempted armed robbery he served 12 months then was released. Six months later Mr. Graham now 17 was tried and convicted by a Florida State court of armed home robbery and sentenced to life in prison without parole .On appeal he argued that the life sentence without parole violated his Eighth amendment and even more so was considered cruel and unusual punishment. The Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause does not permit a juvenile offender to be Sentenced to life in prison without parole for a non- homicidal crime. The eighth amendment prohibits excessive fines and bail, as well as cruel and unusual punishments. The phrase cruel and unusual punishment first appeared in the English Bill of Rights. In colonial America, the British often employed branding, whipping, public humiliation an extremely long prison sentences for minor crimes. Pros: For Terrence 1. Gives the juvenile a chance to demonstrate maturity 2. Becomes an asset to society 3. Demonstrate reform Pros: Life...
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...Felons’ Rights to Bare Arms Felons’ Rights to Bare Arms Felons’ Rights to Bare Arms Why is it against the law for a felon to bare arms. The law applies to every criminal that served more than a year in prison ( the statute forbids not only “felons ‘ but any person convicted of “ a crime punishable by imprisonment for a term exceeding one year ‘ to posses a firearm or ammunition, whether the crime in question is classified as a felony or not. ). In my opinion this law should be reverse because most criminal offenders are non-violent ones and they do not have the right to defend themselves. What if a violent burglar breaks into their house and attempts to shoot them, they have no way of defending themselves ( I mean they could struggle for the gun but there I always that tiny risk of getting shot and they also could attempt to stab the burglar then they would go o jail for gun possession. I think that this law is just wrong and should be revaluated, to see if thee is some other way to allow these past offenders to bare arms. This is but just one example of the myraid collateral consequences faced by those who are convicted of a felony. Another right which felons lose is that of voting. I believe that in discussing both of these prohibitions, I agree with some other posters: that the particular crime for which someone was convicted is more important than whether the crime was a misdemeanor...
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...This sergeant attempted to get in contact with Complainant Brent to have him come in for an interview in reference to the complaint he filed. This sergeant called Complainant Brent at the number provided (301) 794-4643 on March 25, 2015. The number was temporarily disconnected. On March 25, 2015, a certified letter was sent to the address of 6920 Storch Circle, Lanham Maryland 20706. On March 31, 2015 this sergeant called the number provided. The number was still temporarily disconnected. On April 7, 2015 a certified was composed and sent to Complainant Brent. On April 15, 2015 Complainant Brent signed for the Certified Letter. Complainant Brent was contacted on the phone number provided which was now in service On April 21, 2015. A Certified Receipt was received and signed by Complainant Brent. On April 22, 2015, this sergeant again called Complainant Brent with no answer, and no option to leave a message. On May 12, 2015 Complainant Brent contacted Internal Affairs Division. This sergeant asked when Complainant Brent could come in for an interview. Brent stated that he had to work and had to look at his schedule. This sergeant advised Complainant Brent that I would call Monday, May 18, 2015, in order to set up an interview date. Monday, May 18, 2015, this sergeant attempted to call Complainant Brent. The phone number provided did not have voice mail set up and after 15 rings went into a fax machine status. On May 19, 2015, this sergeant attempted to contact Complainant...
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...Leo Cuen Mr. Downey Prison Term Policy Recommendation 2/18/2014 CJA-314 There are approximately ten thousand armed robberies that are registered each day in the files of agencies around the United States. This is a major concern to law enforcement and the citizens of the United States. The government is taking drastic measures to reduce the opportunity, capability, and intent of having armed robbers victimizes citizens for their own wrongful way of happiness. The government is implementing a bill, that when caught doing an armed robbery it will double the time of incarceration. As the right hand man of the state legislature I am a criminologist advisor, I oversee the concern, pain, and panic of the citizens when it comes to armed robberies. Therefore, the legislature is creating a bill for congress to pass. When it passes, it will double the years of prison time for a convicted armed robbery felon. The minimum sentence for a convicted armed robber is two to nine years depending the severity of the crime, and the maximum sentencing for an armed robbery is twenty-five years to life in prison also depending on the severity of the crime. The government is proposing for whoever commits an armed robbery of any type of severity of crime; the minimum sentencing is going to be twenty years behind state bars, and the maximum sentencing for an armed robbery will be life in prison with or without the possibility of parole depending on the severity of the crime. This is...
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