...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 leave the...
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...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 leave the...
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...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 leave the...
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...Quiz #2 - Spring 2018 (25 pts)., Must be word processed. Use as much space as you need. Name: Ashleigh Seabrook Burglary is a typical juvenile crime. Describe this crime in detail, including 1) a definition of the crime; 2) trends in burglary; 3) where it is more common; 4) nature of stolen goods; and 5) ) fencing issues (5 pts) Burglary is the unlawful entering of a legally defined structure or building with the intent to commit a felony or theft. The reporting rate for this type of crime is around 50%. In 2016, 25,513 total juveniles were arrested for burglary. The National Crime Victim Survey reported that 3.29 million households were burglarized in 2016. With the average loss being about 2,185 dollars. Burglary happens to be more common in residential areas with roughly 2/3rds (about 15.5% involved juveniles) of burglaries happening there. When it comes to burglaries the biggest factor that plays a role is how accessible the house may be. Juveniles aren't the smartest, but they do understand what to look for in houses that could potentially be their next victim. They are looking to see if the house is unoccupied, if there is a lot of windows, if the residents have a dog, is there fencing and how many houses are on this block? All this comes into play because they want to get in and get out as fast as they can without being seen. Once inside they look for anything that would be easy to get away with and make a profit. So, that could be laptops, gaming systems (Xbox, Wii...
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...tells everyone she owns it. She is committing Larceny, because she unlawfully took Makoto’s personal property, in this case a laptop computer, with the intent to permanently deprive Makoto of its possession, (Miller, R. & Jentz, G., (2008)., p128). Depending on the valued amount of the laptop computer, Sarah could be committing Petit (Misdemeanor) Larceny if it is valued under $1,000 and Grand (Felony) Larceny in the Fourth Degree, if its value exceeds $1,000, but is less than $3,000, (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...
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...In the Byers case, the victims, Joseph Ware and his wife, were in the process of moving from a house they had rented while living in Gary, Indiana. During the process of moving from their house in Gary, Byers had entered the house by removing an air conditioner from a window, and after being reported by a neighbor of the Ware’s, was then arrested and charged with a Class B burglary charge. After being charged with a Class B burglary, Byers appealed his conviction stating that since the Wares were moving out of the house and was not sleeping there, the house had lost its status as a dwelling. The State counters that while the Wares were moving from the house, they still retained their right of domain and it was clear that they had intended...
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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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...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 are not to be treated like shoplifter until hard, first-hand information demonstrates that shoplifting occurred. It should be probable cause in the shoplifting cases. According to Gardner/ Anderson, 2012; the Supreme Court defined probable cause as fact and circumstances with in knowledge and of which they Crimes against property...
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...someone is responsible for that crime. In order for the judge to hand the case over or for the prosecutor to obtain an indictment each element the investigator must provide evidence for each element of the corpus delicti. There are two elements for unlawful homicide which are; ruling out suicide, natural causes, and accident, by establishing it was a homicide and there is a person responsible for the homicide. This must be obtained and in the knowledge of the investigator, evidence technician, and criminalists. Robbery is the taking of property from a person by using force or the fear of force. When investigating robbery the ethical consideration that 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...
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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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...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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... 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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...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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...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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...This memorandum is in reference to your request for explanation as to why case 13-05508, a residential burglary at 410 Manzanita Way, Woodside was not finished by the end of Deputy F. Padilla’s shift. On 06/30/2013, I was assigned as S10, Sergeant for Team I, Headquarters Patrol Division. I replaced Sergeant McTaggart as overtime in his absence from vacation. I have served as S10 on numerous occasions in the past, with the most recent shift on 03/08/2013. On 06/30/2013, the shift was slow during the first half and steadily increased by the early afternoon hours. At 1334 hours, Deputy F. Padilla was dispatched to 410 Manzanita Way for a past tense residential burglary. I did not respond to this call. However, Deputy Richardson did assist Deputy Padilla. During the course of the investigation, it was determined that the unknown suspect entered inside of the residence by removing a window screen and through the unlocked window between the hours of 06/29/13 at 1700 hours and 06/30/13 at 1200 hours. The victim was away from the residence during the listed times. The victim at the time of reporting the burglary was unable to...
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