- Subject List
- Take a Tour
- For Authors
- Subscriber Services
- Publications
- African American Studies
- African Studies
- American Literature
- Anthropology
- Architecture Planning and Preservation
- Art History
- Atlantic History
- Biblical Studies
- British and Irish Literature
- Childhood Studies
- Chinese Studies
- Cinema and Media Studies
- Communication
Criminology
- Environmental Science
- Evolutionary Biology
- International Law
- International Relations
- Islamic Studies
- Jewish Studies
- Latin American Studies
- Latino Studies
- Linguistics
- Literary and Critical Theory
- Medieval Studies
- Military History
- Political Science
- Public Health
- Renaissance and Reformation
- Social Work
- Urban Studies
- Victorian Literature
- Browse All Subjects
How to Subscribe
- Free Trials
In This Article Expand or collapse the "in this article" section Property Crime
Introduction.
- Destructive
- Entrepreneurial
- Data Sources
- Rational Choice
- Routine Activity
- Phenomenology
- Broken Windows Policing
- Community-Oriented Policing
- Situational Crime Prevention
- Specialized Offenders
- Active Versus Incarcerated Offenders
- Drugs and Property Crime
Related Articles Expand or collapse the "related articles" section about
About related articles close popup.
Lorem Ipsum Sit Dolor Amet
Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Aliquam ligula odio, euismod ut aliquam et, vestibulum nec risus. Nulla viverra, arcu et iaculis consequat, justo diam ornare tellus, semper ultrices tellus nunc eu tellus.
- Identity Theft
- Measuring Crime
- Money Laundering
- Motor Vehicle Theft
- Outlaw Motorcycle Clubs
- Policing Cybercrime
- Rational Choice Theories
- Residential Burglary
- Routine Activity Theories
- Street Robbery
- Victimization Patterns and Trends
- White-Collar Crime
Other Subject Areas
Forthcoming articles expand or collapse the "forthcoming articles" section.
- Education Programs in Prison
- Juvenile Justice Professionals' Perceptions of Youth
- Find more forthcoming articles...
- Export Citations
- Share This Facebook LinkedIn Twitter
Property Crime by Richard Wright , Scott Jacques LAST REVIEWED: 14 December 2009 LAST MODIFIED: 14 December 2009 DOI: 10.1093/obo/9780195396607-0016
Property crime has been defined in a variety of ways. A typical definition mirrors that of the FBI’s Uniform Crime Reports , which defines property crime as the taking of property without physical force or threats. But in the real world, property crime sometimes does entail violence. Although not standard, the broadest and simplest definition of property crime is as follows: illegal activity involving the transfer or destruction of property, including money, cars, jewelry, shoes, drugs, or other forms of wealth, whether or not violence is used or threatened in doing so. The value of not excluding violent forms of theft from the definition of property crime is that it broadens our focus but simplifies our subject matter. There are different kinds of property crime, including violent, fraudulent, stealthy, destructive, and entrepreneurial. Defined thusly, examples of property crime include robbery, kidnapping, carjacking, tax evasion, fraud, burglary, auto theft, shoplifting, vandalism, arson, fencing, and illegal drug trade. This bibliography reviews some of the key data sources, theories, research, and policy discussions for understanding the distribution, causes, and consequences of property crime.
Types of Property Crime
Property crimes can be classified according to whether they involve violence, fraud, stealth, destruction, or entrepreneurialism. Violent property crime is defined here as the use of physical force against a person to take their property; classic examples include robbery and carjacking. Fraudulent property crime is defined as the use of deception (and not violence) to steal property; examples include embezzlement and tax evasion. Stealthy property crime is defined as the nonconsensual, nonviolent, and nonfraudulent theft of property when the owner is effectively absent; examples include burglary and auto theft. Destructive property crime is defined as the illicit damaging or destruction of property; examples include arson and vandalism. Entrepreneurial property crime is defined as the illegal manufacturing, selling, buying, giving, or receiving of property. All kinds of property crime—violent, fraudulent, stealthy, destructive, and entrepreneurial—are quantitative variables that may vary in their rate and magnitude across time and space. The goal of governments is to reduce such crimes; the goal of scientists is to document and explain them.
back to top
Users without a subscription are not able to see the full content on this page. Please subscribe or login .
Oxford Bibliographies Online is available by subscription and perpetual access to institutions. For more information or to contact an Oxford Sales Representative click here .
- About Criminology »
- Meet the Editorial Board »
- Active Offender Research
- Adler, Freda
- Adversarial System of Justice
- Adverse Childhood Experiences
- Aging Prison Population, The
- Airport and Airline Security
- Alcohol and Drug Prohibition
- Alcohol Use, Policy and Crime
- Alt-Right Gangs and White Power Youth Groups
- Animals, Crimes Against
- Back-End Sentencing and Parole Revocation
- Bail and Pretrial Detention
- Batterer Intervention Programs
- Bentham, Jeremy
- Big Data and Communities and Crime
- Biosocial Criminology
- Black's Theory of Law and Social Control
- Blumstein, Alfred
- Boot Camps and Shock Incarceration Programs
- Burglary, Residential
- Bystander Intervention
- Capital Punishment
- Chambliss, William
- Chicago School of Criminology, The
- Child Maltreatment
- Chinese Triad Society
- Civil Protection Orders
- Collateral Consequences of Felony Conviction and Imprisonm...
- Collective Efficacy
- Commercial and Bank Robbery
- Commercial Sexual Exploitation of Children
- Communicating Scientific Findings in the Courtroom
- Community Change and Crime
- Community Corrections
- Community Disadvantage and Crime
- Community-Based Justice Systems
- Community-Based Substance Use Prevention
- Comparative Criminal Justice Systems
- CompStat Models of Police Performance Management
- Confessions, False and Coerced
- Conservation Criminology
- Consumer Fraud
- Contextual Analysis of Crime
- Control Balance Theory
- Convict Criminology
- Co-Offending and the Role of Accomplices
- Corporate Crime
- Costs of Crime and Justice
- Courts, Drug
- Courts, Juvenile
- Courts, Mental Health
- Courts, Problem-Solving
- Crime and Justice in Latin America
- Crime, Campus
- Crime Control Policy
- Crime Control, Politics of
- Crime, (In)Security, and Islam
- Crime Prevention, Delinquency and
- Crime Prevention, Situational
- Crime Prevention, Voluntary Organizations and
- Crime Trends
- Crime Victims' Rights Movement
- Criminal Career Research
- Criminal Decision Making, Emotions in
- Criminal Justice Data Sources
- Criminal Justice Ethics
- Criminal Justice Fines and Fees
- Criminal Justice Reform, Politics of
- Criminal Justice System, Discretion in the
- Criminal Records
- Criminal Retaliation
- Criminal Talk
- Criminology and Political Science
- Criminology of Genocide, The
- Critical Criminology
- Cross-National Crime
- Cross-Sectional Research Designs in Criminology and Crimin...
- Cultural Criminology
- Cultural Theories
- Cybercrime Investigations and Prosecutions
- Cycle of Violence
- Deadly Force
- Defense Counsel
- Defining "Success" in Corrections and Reentry
- Developmental and Life-Course Criminology
- Digital Piracy
- Driving and Traffic Offenses
- Drug Control
- Drug Trafficking, International
- Drugs and Crime
- Elder Abuse
- Electronically Monitored Home Confinement
- Employee Theft
- Environmental Crime and Justice
- Experimental Criminology
- Family Violence
- Fear of Crime and Perceived Risk
- Felon Disenfranchisement
- Feminist Theories
- Feminist Victimization Theories
- Fencing and Stolen Goods Markets
- Firearms and Violence
- Forensic Science
- For-Profit Private Prisons and the Criminal Justice–Indust...
- Gangs, Peers, and Co-offending
- Gender and Crime
- Gendered Crime Pathways
- General Opportunity Victimization Theories
- Genetics, Environment, and Crime
- Green Criminology
- Halfway Houses
- Harm Reduction and Risky Behaviors
- Hate Crime Legislation
- Healthcare Fraud
- Hirschi, Travis
- History of Crime in the United Kingdom
- History of Criminology
- Homelessness and Crime
- Homicide Victimization
- Honor Cultures and Violence
- Hot Spots Policing
- Human Rights
- Human Trafficking
- Immigration, Crime, and Justice
- Incarceration, Mass
- Incarceration, Public Health Effects of
- Income Tax Evasion
- Indigenous Criminology
- Institutional Anomie Theory
- Integrated Theory
- Intermediate Sanctions
- Interpersonal Violence, Historical Patterns of
- Interrogation
- Intimate Partner Violence, Criminological Perspectives on
- Intimate Partner Violence, Police Responses to
- Investigation, Criminal
- Juvenile Delinquency
- Juvenile Justice System, The
- Juvenile Waivers
- Kornhauser, Ruth Rosner
- Labeling Theory
- Labor Markets and Crime
- Land Use and Crime
- Lead and Crime
- LGBTQ Intimate Partner Violence
- LGBTQ People in Prison
- Life Without Parole Sentencing
- Local Institutions and Neighborhood Crime
- Lombroso, Cesare
- Longitudinal Research in Criminology
- Mandatory Minimum Sentencing
- Mapping and Spatial Analysis of Crime, The
- Mass Media, Crime, and Justice
- Mediation and Dispute Resolution Programs
- Mental Health and Crime
- Merton, Robert K.
- Meta-analysis in Criminology
- Middle-Class Crime and Criminality
- Migrant Detention and Incarceration
- Mixed Methods Research in Criminology
- Multi-Level Marketing Scams
- Murder, Serial
- Narrative Criminology
- National Deviancy Symposia, The
- Nature Versus Nurture
- Neighborhood Disorder
- Neutralization Theory
- New Penology, The
- Offender Decision-Making and Motivation
- Offense Specialization/Expertise
- Organized Crime
- Panel Methods in Criminology
- Peacemaking Criminology
- Peer Networks and Delinquency
- Perceptions of Youth, Juvenile Justice Professionals'
- Performance Measurement and Accountability Systems
- Personality and Trait Theories of Crime
- Persons with a Mental Illness, Police Encounters with
- Phenomenological Theories of Crime
- Plea Bargaining
- Police Administration
- Police Cooperation, International
- Police Discretion
- Police Effectiveness
- Police History
- Police Militarization
- Police Misconduct
- Police, Race and the
- Police Use of Force
- Police, Violence against the
- Policing and Law Enforcement
- Policing, Body-Worn Cameras and
- Policing, Broken Windows
- Policing, Community and Problem-Oriented
- Policing, Evidence-Based
- Policing, Intelligence-Led
- Policing, Privatization of
- Policing, Proactive
- Policing, School
- Policing, Stop-and-Frisk
- Policing, Third Party
- Polyvictimization
- Positivist Criminology
- Pretrial Detention, Alternatives to
- Pretrial Diversion
- Prison Administration
- Prison Classification
- Prison, Disciplinary Segregation in
- Prison Education Exchange Programs
- Prison Gangs and Subculture
- Prison History
- Prison Labor
- Prison Visitation
- Prisoner Reentry
- Prisons and Jails
- Prisons, HIV in
- Private Security
- Probation Revocation
- Procedural Justice
- Property Crime
- Prosecution and Courts
- Prostitution
- Psychiatry, Psychology, and Crime: Historical and Current ...
- Psychology and Crime
- Public Criminology
- Public Opinion, Crime and Justice
- Public Order Crimes
- Public Social Control and Neighborhood Crime
- Punishment Justification and Goals
- Qualitative Methods in Criminology
- Queer Criminology
- Race and Sentencing Research Advancements
- Race, Ethnicity, Crime, and Justice
- Racial Threat Hypothesis
- Racial Profiling
- Rape and Sexual Assault
- Rape, Fear of
- Rehabilitation
- Religion and Crime
- Restorative Justice
- Risk Assessment
- School Bullying
- School Crime and Violence
- School Safety, Security, and Discipline
- Search Warrants
- Seasonality and Crime
- Self-Control, The General Theory:
- Self-Report Crime Surveys
- Sentencing Enhancements
- Sentencing, Evidence-Based
- Sentencing Guidelines
- Sentencing Policy
- Sex Offender Policies and Legislation
- Sex Trafficking
- Sexual Revictimization
- Situational Action Theory
- Snitching and Use of Criminal Informants
- Social and Intellectual Context of Criminology, The
- Social Construction of Crime, The
- Social Control of Tobacco Use
- Social Control Theory
- Social Disorganization
- Social Ecology of Crime
- Social Learning Theory
- Social Networks
- Social Threat and Social Control
- Solitary Confinement
- South Africa, Crime and Justice in
- Sport Mega-Events Security
- Stalking and Harassment
- State Crime
- State Dependence and Population Heterogeneity in Theories ...
- Strain Theories
- Street Code
- Substance Use and Abuse
- Surveillance, Public and Private
- Sutherland, Edwin H.
- Technology and the Criminal Justice System
- Technology, Criminal Use of
- Terrorism and Hate Crime
- Terrorism, Criminological Explanations for
- Testimony, Eyewitness
- Therapeutic Jurisprudence
- Trajectory Methods in Criminology
- Transnational Crime
- Truth-In-Sentencing
- Urban Politics and Crime
- US War on Terrorism, Legal Perspectives on the
- Victim Impact Statements
- Victimization, Adolescent
- Victimization, Biosocial Theories of
- Victimization, Repeat
- Victimization, Vicarious and Related Forms of Secondary Tr...
- Victimless Crime
- Victim-Offender Overlap, The
- Violence Against Women
- Violence, Youth
- Violent Crime
- White-Collar Crime, The Global Financial Crisis and
- White-Collar Crime, Women and
- Wilson, James Q.
- Wolfgang, Marvin
- Women, Girls, and Reentry
- Wrongful Conviction
- Privacy Policy
- Cookie Policy
- Legal Notice
- Accessibility
Powered by:
- [66.249.64.20|185.66.14.133]
- 185.66.14.133
- Essay Editor
Crimes Against Property, Persons, and Public Order Essay
1. introduction.
Crime is an act that goes against public law. Crimes can be categorized by the types of punishment that can be given to a criminal. In general, there are two types of crime. The first type is called a summary offence. Summary offences are tried by a magistrate in a Local Court. The defendant is tried based on the evidence presented to the court; there is no jury. If the defendant is found guilty, they are sentenced, and if they are found not guilty, they are acquitted of the charge. The other type is called an indictable offence. Indictable offences are tried by a judge and jury in a District or Supreme Court. The trial consists of a plea, a pre-trial proceeding, the trial process, and finally, the sentencing. The difference between the two types of offences is that a summary offence requires less convincing evidence to be found guilty than an indictable offence. When we talk about crime, we always relate it to the criminals. Who are they exactly? The word criminal refers to a person who has committed a crime. The criminal, as a person, can be defined by their previous criminal record. A person's criminal record is a list of all the offenses and court appearances, or it can also be defined by a person who has been found guilty of an offense and has the verdict on their identity. There are three types of criminals. The first type is a juvenile offender. A juvenile is a person aged between 10 and 17. Juveniles have a separate legal system from that of adults; juvenile courts deal exclusively with children who are alleged to be in trouble. If a juvenile is found guilty of a crime, an order may be made declaring that they have committed an offense and may become a ward of the state. The second type of criminal is a recidivist; this is a person who keeps on re-offending. The last type of criminal is a person who is criminally insane. This person will be acquitted and discharged if they can prove that they were suffering from a mental illness at the time of the trial, which prevented them from knowing what they were doing.
1.1 Overview of Crimes Against Property
Worldwide, crimes against property generate opportunities for much discussion and interpretation of these acts. What is a crime against property? In the simplest terms, these are offenses that involve any degree of willful damage or attempt to damage any property that is not the offender's own. The consequences of this offense vary drastically. For example, a homeless person damaging a park bench to take a nap on it versus the governments of Iraq and the United States in a dispute over a small sabre-scarred mud building. The Iraqis say it was a shrine that was damaged due to its nearness to a bunker, which the United States military claimed was a base of operations for the Fedayeen Saddam preparing to repel an invasion. Obviously, the likely outcome for the homeless person would differ greatly from the two governments. However, in both common law and civil law jurisdictions, the owners of the property can suffer consequences far greater than the severity of the crime. Theft is a vast and diverse area of law, much changed and expanded upon in recent years. The traditional view of theft in common law countries often did not correspond with the widely held view of the offense. For example, in England, the view of the offense held by legal professionals often varied from the view held by the general public. To combat this problem, the Theft Act was passed in 1968, which contained a definition of the offense and dealt with associated offenses such as burglary and robbery. Much of the old common law view of the offense had concerned itself with the dishonesty of the accused, rather than the act of deprivation to the victim. This had led to some bizarre decisions, such as R v Vinall and R v Davis, where it lessened the seriousness of the act. However, speaking generally, theft involves the act of taking or appropriating another's property without their consent, with the intent of permanently depriving the owner of the property.
1.2 Overview of Crimes Against Persons
Crimes against persons or personal crimes are crimes that are committed with the intent to cause harm to an individual and the threat of harm upon an individual. These crimes are usually broken down into two elements: assault crimes and homicide crimes. Typically, some form of physical or mental harm must occur to an individual, although there have been recent moves in some countries to expand the definition of these crimes. By far the most serious crime a person can commit against another person is homicide. This can be in the form of murder or manslaughter, and there are many degrees of murder based on the intent of the perpetrator. Murder is the intentional and premeditated taking of another's life, although there are mitigating circumstances that can lead to a conviction of a lesser charge such as second-degree murder or manslaughter. In recent years, there has been some debate between the differences of first and second-degree murder, as often they can carry similar sentences and the difference between the two can be quite subtle. Coming down the scale, manslaughter occurs when one person kills another in a non-premeditated act. An example of this may be a bar fight that leads to the death of one of the participants. Second-degree murder is akin to a 'crime of passion' where the person has intent, but not premeditation and can carry a similar sentence to manslaughter.
1.3 Overview of Crimes Against Public Order
Some regard a concern for order in society to be conservative and reactionary. This view in itself may constitute an alternate way of defining what is crime and an interesting way of interpreting the implications of particular acts or types of activities. Law and order are not necessarily the same thing, and it is a question not only of whether particular activities should be illegal but about how such laws are enforced and the alternative ways of dealing with the problems posed by the activities in question. There are thus wider issues that link into a concern with public order and the regulation of activities ranging from the most trivial to the most serious. Measures of social control at one extreme may involve something straightforward like a direction that a particular type of behaviour is to cease, while at the other extreme it may involve the mobilisation of armed force. Heidensohn has suggested that a concern with public order encompasses a wide range of actions taken by various agencies of control against men and women whose behaviour is seen to disturb the smooth running of society and that it can involve the active production of both rule and trouble makers. Public order judgements can vary considerably according to the social, political, and economic interests of those who are in a position to define them, and people who are thus defined as troublemakers can be seen as rightful protesters by their own or another section of society. Yet still remaining is a residual category of what most members of society in a particular socio-economic context would regard as social deviance or delinquency, and in a general way, it is these types of activities that are the concern of the criminal law.
2. Crimes Against Property
A crime is defined as any act or omission prohibited by law and punishable by the state. The act of taking someone's property unlawfully is illegal and can fall under several different categories or crimes such as theft or burglary. These offences can be defined further by degrees, with the most severe involving threats of or the use of force. These crimes can have a serious impact on individuals and can often be precursors to other serious crimes such as robbery or assault. 2.1 Burglary Burglary is defined as the act of breaking and entering into a structure (home, business, etc.) with the intent to commit a crime inside. The offence involves two elements: the breaking and entering and the intended crime. Thus, if an individual breaks into a premises but decides against committing the second element in court, they will only be charged with the breaking and entering. The severity of the crime can differ greatly. For instance, a group of youths trespassing on private property with no intent to commit an offence besides mild vandalism could potentially be charged with aggravated trespass with the likelihood of a simple caution. On the other hand, a homeowner may walk in on a burglar in his home, in which case a violent confrontation could erupt. In an extreme example, if the owner were to come off worse, the burglar could be charged with offences as serious as assault occasioning Actual Bodily Harm or Grievous Bodily Harm.
2.1 Burglary
The text should focus on delivering information, explaining concepts, or detailing processes or systems. Living in an early society in its early days faces various kinds of problems. Predators, natural disasters, and diseases are some of the problems that might threaten the society. People unite in a society because they believe it will make their lives easier. The basis of this statement is that people settle in an area. But a settlement means availability and resources for their life. And this potential for conflict arises because with a settlement, it means there will be a border between one settlement and another, while resources are limited. Living in a society and owning property means that individuals do not want their property to be disturbed by another person. In other words, there might be a need for property owners to protect their property from certain damage. This can involve an act of breaking and entering that is usually committed by criminals when they target a private property. This act could be categorized as "burglary". According to typology, burglary is categorized as an instrumental act with the aim of acquiring property. It involves the direct utilization of force and often occurs when there are no guardians present in the home. Usually, properties that are secluded are easy targets for this kind of crime, and the criminals often move on to target residences in higher social classes. This crime often occurs, and while many people consider it a petty crime, in law, it is categorized differently from others. Having a separate article for burglary as a crime allows for a punishment that is distinct from other crimes, as a lighter punishment usually indicates a lesser offense.
An exhaustive body of knowledge has accumulated during the past century concerning theft and thieves. Except in one respect, the topic has been studied from every conceivable standpoint, including the legal, sociological, psychological, psychiatric, and statistical. But it has usually been considered in bits and scraps of information and insights rather than as a coherent whole. The unexamined aspect is the most mundane of all: exactly what is it that thieves do? This question has received only the most casual consideration, if it has received any at all. Commonly, thefts are spoken of as if they were an undifferentiated, homogeneous series of acts. Yet no one would speak of business without inquiring what business, or of education without inquiring what education. What is meant by theft is entry into a house to steal, although burglaries are only a fraction of all thefts. Burglary implies entering a building with or without force with the intent to commit an offense therein, normally theft. Domestic burglary is the breach of a home with the intent to commit an offense therein, the usual being theft.
Arson is the malicious burning of the dwelling of another. It is typically made a felony and a crime of violence. The essence of the crime is the destruction of the building, and while the statutory descriptions of the offense usually include the element of endangering the lives of firemen or of inmates of the building, many of the applications and examples of the offense as a violent crime are stretched fabrications. There are many motives for the crime, and often there are suggestions of insanity or mental deficiency in the arsons committed by mischievous children or by certain types of sex offenders. The gradations of the crime and the extent to which attempts are regarded as criminal differ greatly among the legal systems of different states. The Code of 1826 in France distinguished five degrees of severity of the crime, and a recent Brazilian law defines eight degrees, and the penalties in both countries correspond to the degree of gravity. In countries which have adopted the principle of attempted crimes, no special provisions for the case of an attempt to commit arson have been found necessary, but in several countries provision is made for enhancement of the penalty when the crime is committed in respect of a building used for habitation or other specified purposes.
2.4 Vandalism
Vandalism is a general term for a destructive crime. One common form of vandalism is graffiti. When a person creates graffiti, it is not simply a piece of art, but rather an act of marking territory. Graffiti is done because the vandal wants to identify with certain groups and let other members of the same group know he or she has been there. It is also done to make a statement or prove a point. For example, it may be a gang marking turf or a hate group marking their beliefs against certain ethnic groups. Sometimes it is done for thrills or as revenge. A study concluded that more than half of graffiti is gang-related. The financial cost of graffiti in the United States is also high, with an estimated 12 billion dollars spent each year for prevention and clean up. In any case, graffiti is an act of vandalism with costs both tangible and intangible. Tangible costs include the cost of cleaning up the graffiti and replacing it or the property it defaced. This includes public property such as signs and historical monuments. Intangible costs can be a bit harder to measure. People often associate graffiti with urban decay, and it can give the appearance that an area is unsafe, which can cost business and homeowners in the area. In one study, 55 percent of the people surveyed said they wouldn't let their children play in parks with graffiti, and 85 percent said they would avoid shopping in places with graffiti.
3. Crimes Against Persons
Crimes against people are perhaps the most comprehensively legislated crimes, embodying a wide range of conduct. The simplest way to distinguish between crimes against persons and those against property is that the former involve interference with the interest in personal security, the latter with the interest in the security of possessions. Crimes against persons comprise a variety of offenses which I shall refer to as the common law offenses, although the term might be regarded as something of a misnomer these days. This is because certain aspects of some offenses have been modified by statute and also because some of the common law offenses are now only of historical interest, having been rendered obsolete by modern legislation. Assault is a comprehensive term which covers several common law offenses. The least serious form of assault consists of intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence. This is an offense both against the person and against the peace, since an assault of this nature will necessarily cause a breach of the peace. Offenses of this nature are now prosecuted under the Criminal Justice Act 1988, but they remain actionable as the tort of assault. This is because the Victim's Right to Sue, enshrined in the Prosecution of Offences Act 1985, has meant that many criminal offenses can also be the subject of a civil claim in tort. The more serious form of assault consists of intentionally or recklessly applying immediate unlawful personal violence to the victim. The actus reus here involves a battery and the mens rea is satisfied by the intention or recklessness as to the application of the force, through the issue of Cunningham. These offenses are prosecuted under s.39 of the CJA 1998 and are also actionable as the tort of battery. An attempt to commit a battery is also an assault, provided the victim apprehends the attempt. An analogous situation applies for attempted assaults under s.1 of the Criminal Attempts Act 1981.
3.1 Assault
Assault can be both a tort and a crime. From the criminal perspective, assault occurs when a person places another in fear or apprehension of an unwanted touching. This distinction between assault and battery is often muddied in common conversation. The latter involves an actual, unwanted touching; it is the use of the word "battery" in statutes and common law opinions that causes assault to be defined as an attempted battery. The Model Penal Code uses this definition, classifying simple assault as a second-degree misdemeanor and assault with intent to cause serious injury as a felony. Definitions and punishments vary from state to state, although many adhere to this general rubric. Simple assault is often an incomplete offence in that there will be no contact following the act that causes fear in the victim. Rather, when fear leads to a physical reaction by the victim, the assailant may be charged with battery. This battery is often the satisfaction of the victim of assault, as it is the act that has caused the harm or offence that the victim feared in the first place. Victims of assault may also seek remedies through the civil law, often wanting to avoid the cost and stress of a criminal trial and having the ability to tailor damages to specific injuries caused. It is also possible for a single act involving both assault and battery to be charged as an offence of assault. This possibility for multiple charges stemming from the same act is often seen as undesirable, as it can lead to oppressive prosecutions, selective enforcement by the police, and double jeopardy for the defendant.
3.2 Kidnapping
Could compel the victim to move or move with the victim a substantial distance, or to a very hidden or isolated place, whether or not for ransom or political purpose, and may be hard to verify. Unlike the crimes of rape and sexual assault, there are no corresponding kidnapping sex offenses. Generally, the penalty of kidnapping is substantially increased under such a circumstance. During the past decade and a half, there has been a steady increase in the number of parental family abductions of children. The overwhelming majority of these abductions are motivated out of love for the children, in the belief that the parent taking the child is acting in the child's best interest. Very few parental family abductions are motivated by a desire to prevent the child from having contact with the other parent. Despite the good intentions of the taking parent, parental family abduction is a serious crime. This is because aside from the legality of the taking, the consequences to the children's psychological development can be very harmful. This is especially true when the child is told that the other parent is dead or does not care about the child. One of the most common mental states alleged for simple kidnapping is that the defendant acted with intent to secretly confine or intending to prevent liberation for a significant period of time. This mental state covers a very broad array of behavior. A burglary or robbery could have been committed with intent to commit simple kidnapping. Conversely, a kidnapper who intends only to confine a victim for a brief period of time may be guilty of both the completed act of simple kidnapping and with attempted false imprisonment. Because these crimes punish only the discouragement of the victim with no need to prove the actual harm to the victim's safety, health, or comfort, they can take place in a wide variety of factual settings. At the highest end of the spectrum, the same intent to secretly confine a person with intent to commit a variety of crimes against that person can provide the mental state required for a first-degree kidnapping offense.
3.3 Homicide
The killing of a human being is the most serious crime that a person can commit. For a definition of homicide, we turn to the statistical authorities responsible for its measurement. The FBI's Uniform Crime Reports defines criminal homicide as follows: "Murder and nonnegligent manslaughter is the willful (nonnegligent) killing of one human being by another. Deaths caused by negligence, attempts to kill, assaults to kill, suicides and accidental deaths are excluded." This definition is fairly straightforward, but leaves room for interpretation in the category of "negligent manslaughter." In common law, involuntary manslaughter is usually defined as an unintentional killing that results from criminal negligence or during the commission of a lesser unlawful act. A better understanding of the distinction between criminal and negligent behavior may be inferred from the chart below, which is published in the FBI's Crime in the United States and distinguishes criminal homicide from "justifiable" or "excusable" homicide. The FBI's definition of murder and nonnegligent manslaughter does not distinguish between degrees of murder as do some states; instances of murder are simply classified as either cleared by arrest or unsolved. In a cleared offense an offender is identified and apprehended, but it is rare to see any reclassification of the case as justifiable or excusable and subsequent release of the offender. In the supplementary Homicide Reports to the UCR, the FBI tries to provide more detail on the circumstances of homicides and in doing so, provides more classifications that differentiate criminal homicide from other forms of killing. This publication of the UCR has categories for justifiable homicide by law enforcement officers and private citizens, as well as negligent manslaughter. More specific causes and motives of murder are classified under other sections of the UCR, such as the National Incident-Based Reporting System Process and Data Elements or the UCR Program's National Incident-Based Reporting System, but the details for cleared cases are still generally minimal.
4. Crimes Against Public Order
The text in the public of the crimes against persons, property and public order is well laid out and very simple to understand. It is quite comprehensive in its scope and strikes a good balance between being descriptive and efficient. The definitions and penalties are gone into quite well as the Act has a lot of provisions, and it is always essential to refer back to the definition to know exactly what a particular act is. Disorderly conduct is made an offence under section 160. An accused is considered to have committed an act of disorderly conduct in a public place (or even a private place if it causes distress to the inhabitants of a dwelling by being conducted in the vicinity of it) if he behaves in a disorderly manner. This term is not defined, but it is said to include conduct which was violent or a threat to public safety. Public intoxication under section 173 is also a simple offence to understand. A person is considered to have been drunk in a public place if he appears to be inebriated and is in a public place to the point where he may be a danger to himself or other persons or cause a disturbance. It is not necessary to prove that the accused was an actual danger of doing any of the things mentioned above, only that he was in a state and in a place where any of them could have been a danger or caused a disturbance. This is an entirely subjective test as intoxication is assessed by appearance rather than any specific standard of intoxication.
4.1 Disorderly Conduct
When most people think of disorderly conduct, they picture a drunkard staggering down the street, yelling obscenities and disturbing anyone in earshot. This is only an example of one kind of disorderly conduct and is actually a textbook example of public intoxication. The statutes for disorderly conduct are very broad and can include several different acts, and will vary from state to state. A general rule of thumb to follow from Black's Law Dictionary is: "Words or conduct which are of a nature as to affect the peace and quiet of persons who may witness them, and which are of a nature as to cause such persons to be placed in fear for their safety or the safety of others." This is still a very broad definition, but if you keep it in mind and apply your statutes to it, it should give you a good idea of what may or may not be disorderly conduct according to your local laws. One of the first and most common forms of disorderly conduct is an argument. While an argument in itself is not illegal, an escalating argument that could cause others to fear for their safety or the safety of those arguing could constitute an arrest. Police are given some discretion here, as so many people argue there must be something to differentiate between a lawful and unlawful argument. Usually, if there are no physical signs of a fight (i.e. clenched fists, shoving), it will be left up to the involved parties to calm down and disperse. An argument can be qualified as domestic violence if the parties involved are members of the same household.
4.2 Public Intoxication
Elements of the crime. (1) A person commits the crime of public intoxication when he appears in a public place manifestly under the influence of alcohol or a drug, not including a controlled substance as defined in Article 2 of Chapter 18 of this title, if the person is a minor, to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity. (2) It is a continuing offense. An accused may be arrested with or without a warrant. (3) Public intoxication is a Class 1 petty offense. Grading for public intoxication. (a) Whenever a person is convicted of public intoxication, the court shall require such person to complete, upon such terms and conditions as the court may require, an appropriate substance abuse program as provided in Section 18-18-404 (3.7), C.R.S. The court may, in its discretion, order such person to participate in a substance abuse treatment or education program rendered by a facility licensed pursuant to Article 33.3 of Title 27, C.R.S. In any event, the court shall assess the defendant the costs of the treatment and education program, including drug and alcohol evaluation services, for purposes of Section 18-18-404 (3.7) (b), C.R.S. (b) A person convicted of public intoxication shall, in addition to any fine, be required by the sentencing court to pay a special fine assessment. The special fine assessment shall be $25.00 in the case of a first conviction and $50.00 in the case of a second or any subsequent conviction, not to exceed a cumulative amount of $500. The court may reduce the amount of the special fine assessment if it is determined on the record that the convicted person is unable to pay the assessment, taking into consideration the financial resources of the convicted person. The special fine assessment shall be payable to the clerk of the court and ultimately to the state treasury for deposit in the general fund.
4.3 Rioting
Rioting differs from the offenses already considered in that the collective nature of the behavior is accentuated. The Model Penal Code and a few other statutes treat riot as a form of group behavior, but generally riot statutes will be encountered that do not require the plurality of offenders that is implicit in the common law definition. It is useful to keep in mind that with riot or conspiracy to riot, acts though involving personal physical violence or other crimes, result in punishing the agreement to engage in the conduct and perhaps some preparatory step in that direction. Riot and the inferior degree of group offenses, criminal assembly are closely allied to the group activity involved in some of the crimes against person and property. And some of the statutory provisions reflect concern with the threat posed by racial or similar disruptive group activity in times of social tension. Actually, few modern statutes confine themselves to the common law definition of riot and its punishment. They tend to cover a wide range of group misconduct by defining the offense as participation in or assembly with others for a prohibited purpose and then specifying a number of things which when done by a given number of people will constitute the offense and grading the offense according to seriousness of the consequence. The provision of the American Law Institute's Model Penal Code demonstrates this legislative trend. A person is guilty of riot if he participates with or assembly with five or more others to engage in a course of disorderly conduct tending to cause injury to person or damage to property, and if goes to further the purpose of such an assembly or course of conduct even though he did not start out as one of the five, he is guilty of promoting a riot. By grading the offenses according to kind of the assault and the amount of property damage facilitated by the conduct, the provision then states how riot in various degrees is to be punished.
Start your journey with Aithor
Personalized papers are done in minutes. One more sentence here
Related articles
The impact of socioeconomic factors on the rates of crime in urban areas.
1. Introduction In recent years, crimes in urban areas have increased significantly in many countries in the form of violence, residential and commercial burglary, drug trafficking, prostitution, and so forth. The increase of these crimes has raised awareness and prompted much research into this problem, in terms of the law, social, and economic. This study applies James Wilson's "broken window" theory and social disorganization theory to urban problems. The first theory attributes crime rates ...
Moral and Ethical Implications of Capital Punishment in the Criminal Justice System
1. Introduction The moral implications of the criminal justice system have been a recurring issue in the literature of political philosophy. Much of the debate for centuries has revolved around the issue of capital punishment. The concept of retribution, in which society is seeking vengeance for the violence that one human has perpetrated upon another, is the prevailing basis of support for the imposition of the death penalty. However, the criminalization of nonviolent and sometimes self-destru ...
The Impact of Criminal Statistics on Shaping Public Policy and Perception
1. Introduction Of the primary roles served by sociological research on crime in American society, shaping public policy and perceptions of crime are foremost. Whether this topic has been examined for exploratory or value-based purposes, it has been an issue of continued concern for over half a century. A steady evolution of importance is the degree to which it has commanded a place within the sociological enterprise. Studies of media and public perceptions most frequently have indicated a rath ...
The Role of a Biological Detective in Solving Forensic Cases
1. Introduction A biological forensic expert, known as a biological detective, has always played an important role in crime reduction, especially during the investigation of criminal cases, whether it is violent crime, missing persons, or mass disaster scenarios. Traditionally, forensic biology aims to statistically define the evidential connection between a suspect, a victim, and exhibits recovered from the primary and secondary crime scenes. Signature characteristics of forensic biology inclu ...
Análisis detallado de la importancia de preservar la escena del crimen en investigaciones forenses
1. Introducción En el campo de la justicia, la escena del crimen es uno de los lugares más importantes debido a que es el punto inicial en la investigación y búsqueda de pruebas en un área o lugar determinado. En ella se puede encontrar información esencial para el esclarecimiento de delitos. La manipulación indebida de la escena del crimen dificulta e impide el descubrimiento de evidencia que pudiera haber sido encontrada y recolectada. Por tal motivo, es necesaria una adecuada preservación, p ...
The impact of societal attitudes on the treatment and support of victims of crime
1. Introduction Victims of crime frequently report negative experiences in their interactions with the criminal justice system. In part, this is due to the traditionally adversarial nature of the criminal justice system, the prioritizations of the Crown Prosecution Service and the police, as well as limited funding for victims' services. However, societal attitudes can play a significant part in compounding victims' difficulties. Perceptions about the vulnerability, blameworthiness, and credibi ...
The Evolution and Impact of Criminology: A Study of 'de la criminolog' Theories and Practices
1. Introduction It is now relatively accepted that the founder of university-level training in criminology was Cesare Lombroso. This doctor taught criminal anthropology at the University of Turin, where he created a real school in this domain. He soon considered this as a science both of practice and of the making of the law. He was convinced that no doctors after him would be unaware of a science which could only advance every day. With such cavernous consequences, it is certainly the case tha ...
La importancia de la educación para prevenir la delincuencia juvenil
1. Introducción Hoy en la sociedad, muy influenciada por los medios de comunicación y en especial por Internet, muchos de los valores ofertados transgreden las normas básicas de la moral y la ética. Es necesario educar a los adolescentes y jóvenes tanto en las primeras etapas de la vida, la infancia, como en las últimas, la adolescencia, para que estos valores se respalden. Por supuesto, aunque el perfil del delincuente juvenil tenga unas características identificativas, no todos los jóvenes qu ...
Investigating Crimes against Property Essay
Processes used to investigate property crimes.
According to the Uniform Crime Report of the Federal Bureau of Investigations, there are about 9,767,915 cases of property crimes reported in America annually (Greenberg, 2010). For purposes of getting justice for victims, there should be an effective and elaborate process for investigating these crimes. The following steps and procedures highlight the processes that police officers should use to investigate property crimes.
Officers Should:
- Document crime scene and protect it from tampering.
- Single out witnesses and take their statements.
- Provide details of possible suspects and broadcast their details, to the public.
- Identify the points of entry, exit, and flight from the crime scene.
- Examine and document the force used by suspects to enter a property or vehicle.
- Identify positions of broken glasses.
- Check associated surface areas for traces of blood or fingerprints.
- Check for tool marks or the tools used to force entry.
- Check for gas cans or other items used as accelerants in arson cases.
- Check all areas for other points of contact with the suspect.
- Identify what was stolen or damaged.
- Identify possible beneficiaries of the crime.
- Exercise diligence at the crime scene and identify possible evidentiary avenues.
- Recognize that most officers may only have only one shot at processing a crime scene before it is compromised.
- Make sure that all evidence collected from the crime scene is available for analysis (Orthman & Hess, 2013).
Providing a Detailed list of Stolen or Lost Property
A detailed description of the property is a key consideration in crime scene investigations, especially when coming up with plans to recover the damaged property. In light of this fact, officers should:
- Prioritize properties that are serialized for purposes of recovery.
- Document all serialized stolen property on the National Crime Information Center (NCIC) database.
- Be detailed when describing the non-serialized property. Do not forget to include defects and unique identifiers.
- If possible, get photos of stolen property.
- Share information about stolen properties on the roll call for at least three days (Dutelle, 2016).
Consider Alternative Investigative Avenues to Identify Suspects
- Evaluate if the property crime was similar to other crimes in the area.
- Check existing reports and conduct interviews for cases of suspicious disturbances, property theft, and damage incidences.
- Check records at local pawnshops to investigate whether the stolen property was sold there, or not.
- Conduct a neighborhood canvas to find out if there are cases of unreported incidences of property crime, or if there are possible witnesses.
- Find out what known informants know.
- Check local impound shops for stolen property.
- Check if there are surveillance cameras that could have filmed crimes.
- Share all information gathered with specialized investigative units (Orthman & Hess, 2013).
Debrief Arrested Persons with Information about New Crimes
Debriefing arrested persons with information about crimes is an effective way of gathering intelligence. Officers should note the following factors when gathering such information
- After arresting offenders for their crimes, ask them about other possible crimes in the area – ask specific and open-ended questions.
- You may find that getting offenders to give you information may be a difficult thing to do, but with persistent behavior, some of them would do so.
Apply Technology to Your investigations
Since technological items are increasingly sophisticated, it is important to use them when investigating crimes against property. As such, officers should understand the following:
- Many technological items could be easily tracked via GPS
- Some technology-based companies offer tracking devices for stolen items or property
- Some technologies do not only help recover stolen property but also lead people to the suspects
- Read publications that are designed for consumption by law enforcement officers, such as PoliceOne and MacNewsWorld, which update law enforcement officers about new technology to recover stolen property and track suspects
Comprehensively, the sheer volume of property crimes in modern society makes it difficult for law enforcement officers to investigate them. However, officers need to do quality investigative work. Relative to this assertion, Greenberg (2010) says,
“Proper crime scene documentation, evidence collection, detailed report writing, information sharing and the use of technology in furtherance of an investigation are steps each of us can take in an effort to determine who’s responsible for committing property crime(s) and aid in property recovery” (p. 6).
By following the above-mentioned investigative processes, all concerned parties in an investigative process should feel that the officers have conducted sufficient investigations.
How does Investigating Crimes against Property differ from Investigating Crimes against People?
The process of investigating crimes against people and crimes against property differs on the premise of the evidence collected. The table below highlights these differences
Physical Evidence Present at a Burglary Scene
The rule of thumb in most types of crimes dictates that the best evidence is close to the burglary scene. Indeed, Dutelle (2016) says the best evidences of burglary crimes emerge at the point where a suspect gains entry to the crime scene. The most common methods of entry are through windows or doors. Officers are encouraged to document any other method used to gain entry into the crime scene.
They are also encouraged to check other doors and windows (other than those used by the offender) because burglars often try to gain access to homes through several points of entry before finding the right one (Dutelle, 2016). After determining this fact, officers should look for all possible places that a suspect visited while committing the crime. This means that they should find out where missing, or disturbed, items were located. Thereafter, they should check for evidence along the routes of possible points of entry to the location of the items.
According to Fisher and Fisher (2012), fraud refers to the use of trickery to gain financial or personal benefit. Other researchers say fraud often involves the pervasion of truth to gain a personal advantage (Orthman & Hess, 2013). People and businesses are the main victims of fraud.
What Type of Fraud is the Most Prevalent in my State?
Identity theft is the most common type of fraud in my state. According to Orthman and Hess (2013), identity theft refers to the use of a person’s identity to commit a fraudulent act. Here, offenders often steal personal information from different sources, including stealing such information online, stealing someone’s wallet, and sifting through people’s trash to get important information to impersonate victims. However, the most common causes of identity theft in my state have occurred when criminals steal people’s credit card information. Such cases have often involved criminals approaching a victim face-to-face, through phone conversations, or through virtual communication.
Elements of Arson and Its Different Degrees
Samaha (2016) defines arson as the act of deliberately burning, or charring, property. Orthman and Hess (2013) adopt a slightly different definition by saying arson is the malicious burning of property for criminal intent. According to common law, authorities could define an act of burning property as arson if it satisfies four key elements.
The first one is the presence of malicious intent where authorities have to ascertain that the arsonist committed the crime maliciously (Samaha, 2016). The second element of arson is burning. It states that an arsonist should cause damage to property through fire. The third element is satisfied when the damage to property destroys a dwelling. The last criterion is satisfied when the act of arson destroys the property of another person. In other words, an act of burning property is not arson if the property damaged belongs to the person who started the fire (Samaha, 2016).
Degrees of Arson
There are different degrees of arson, depending on the circumstances that characterize the act. For example, different states define the degrees of arson depending on whether people were in the building at the time of the offense, or whether the arsonist committed the fraud for personal, or business, gain (Orthman & Hess, 2013). The different degrees of arson appears below
- First-degree Arson : This type of arson attack often occurs when a person sets a building ablaze when it has people inside.
- Second-degree Arson : Second-degree arson attacks often happen when people set buildings that have no people on fire.
- Third Degree Arson : Third-degree arson attacks often occur when people set fire to open spaces, like fields or vacant lots.
How common is Arson in your State?
Arson is not a common crime in my state because most properties are securely guarded. Furthermore, the high levels of security in my state and the harsh punishment associated with arson attacks act as deterrents to the arsons.
Indicators and Evidence of Explosives and Bombings Investigations
Explosive and bombing investigations have different indicators that include the following:
- Presence of powder at the scene.
- Presence of device fragments.
- Presence of a motive.
Generally, explosions and bombs cause characteristic damages to nearby surfaces. Molted irregular appearances, characteristic clubbing damage to textiles, and the presence of micro craters on metal surfaces are other indicators to look out for in explosives and bombing investigations (Orthman & Hess, 2013).
In bombing investigations, the lead investigator should create an evidence processing team. This team should analyze the pattern of damage at the scene of the explosion because this process may help to locate the original point of impact. Experts should collect all bomb fragments and possibly reassemble them to find out the type of bomb used in the attack. Nonetheless, important types of evidence that all investigators should look out for include detonators, wires, timers, and batteries.
Dutelle, A. (2016). An Introduction to Crime Scene Investigation . New York, NY: Jones & Bartlett Publishers.
Fisher, B., & Fisher, D. (2012). Techniques of Crime Scene Investigation . New York, NY: CRC Press.
Greenberg, M. (2010). Investigating property crimes: A checklist for success . Web.
Orthman, C., & Hess, K. (2013). Criminal Investigations , 10th Ed. London, UK: Cengage Learning.
Samaha, J. (2016). Criminal Law . London, UK: Cengage Learning.
- Unethical Practices in Criminal Investigation
- Trials, Evidence, Testimony in the United States
- Case Assessment of an Arson Attack
- Legal Foundation of Arson Investigations
- Residential House Arson Investigation
- Police Officers' White Lie in Criminal Investigation
- Detectives Role in Investigation
- The Historical Investigation - Robert Salmon's Crime
- The Act of Mass Murder by Gregory Johnson
- Problem Situations Identification: Ima Goodenough' Case
- Chicago (A-D)
- Chicago (N-B)
IvyPanda. (2020, August 19). Investigating Crimes against Property. https://ivypanda.com/essays/investigating-crimes-against-property/
"Investigating Crimes against Property." IvyPanda , 19 Aug. 2020, ivypanda.com/essays/investigating-crimes-against-property/.
IvyPanda . (2020) 'Investigating Crimes against Property'. 19 August.
IvyPanda . 2020. "Investigating Crimes against Property." August 19, 2020. https://ivypanda.com/essays/investigating-crimes-against-property/.
1. IvyPanda . "Investigating Crimes against Property." August 19, 2020. https://ivypanda.com/essays/investigating-crimes-against-property/.
Bibliography
IvyPanda . "Investigating Crimes against Property." August 19, 2020. https://ivypanda.com/essays/investigating-crimes-against-property/.
- To find inspiration for your paper and overcome writer’s block
- As a source of information (ensure proper referencing)
- As a template for you assignment
- Undergraduate
- High School
- Architecture
- American History
- Asian History
- Antique Literature
- American Literature
- Asian Literature
- Classic English Literature
- World Literature
- Creative Writing
- Linguistics
- Criminal Justice
- Legal Issues
- Anthropology
- Archaeology
- Political Science
- World Affairs
- African-American Studies
- East European Studies
- Latin-American Studies
- Native-American Studies
- West European Studies
- Family and Consumer Science
- Social Issues
- Women and Gender Studies
- Social Work
- Natural Sciences
- Pharmacology
- Earth science
- Agriculture
- Agricultural Studies
- Computer Science
- IT Management
- Mathematics
- Investments
- Engineering and Technology
- Engineering
- Aeronautics
- Medicine and Health
- Alternative Medicine
- Communications and Media
- Advertising
- Communication Strategies
- Public Relations
- Educational Theories
- Teacher's Career
- Chicago/Turabian
- Company Analysis
- Education Theories
- Shakespeare
- Canadian Studies
- Food Safety
- Relation of Global Warming and Extreme Weather Condition
- Movie Review
- Admission Essay
- Annotated Bibliography
Application Essay
- Article Critique
- Article Review
- Article Writing
- Book Review
- Business Plan
- Business Proposal
- Capstone Project
- Cover Letter
- Creative Essay
- Dissertation
- Dissertation - Abstract
- Dissertation - Conclusion
- Dissertation - Discussion
- Dissertation - Hypothesis
- Dissertation - Introduction
- Dissertation - Literature
- Dissertation - Methodology
- Dissertation - Results
- GCSE Coursework
- Grant Proposal
- Marketing Plan
- Multiple Choice Quiz
- Personal Statement
- Power Point Presentation
- Power Point Presentation With Speaker Notes
- Questionnaire
- Reaction Paper
Research Paper
- Research Proposal
- SWOT analysis
- Thesis Paper
- Online Quiz
- Literature Review
- Movie Analysis
- Statistics problem
- Math Problem
- All papers examples
- How It Works
- Money Back Policy
- Terms of Use
- Privacy Policy
- We Are Hiring
Crimes Against Property, Research Paper Example
Pages: 5
Words: 1357
Hire a Writer for Custom Research Paper
Use 10% Off Discount: "custom10" in 1 Click 👇
You are free to use it as an inspiration or a source for your own work.
The present paper is dedicated to the overview of the common crimes against property. There are four types of crime against property, including arson, burglary, larceny, and robbery. Shoplifting is a form of larceny, or theft, which involves unlawful taking of merchandize from shops and other businesses. For shoplifting to occur, the criminal does not necessarily have to leave the shop – the act of concealing the products has to be detected only. Home invasion is a separate crime similar to burglary, but different in the fact that home invaders usually prefer a violent confrontation with home owners, forcing them to give away their precious belongings. A burglary is a form of crime against property involving stealing property from others’ homes; for a burglary to take place, the person does not have to invade the dwelling – inserting a hand or an arm to steal property is a minimum condition for the crime to be considered burglary. Cyber crime is a new diverse form of crime against property involving the use of computers and Internet for hacking, bullying, stalking, and other forms of crime punishable by Computer Fraud and Abuse Act.
The criminal law of the USA recognizes various types of harm that can be caused by the criminal activities of people; according to the harm or wrong occurring, all crimes are divided into “crimes against person” and “crimes against property” (Gardner & Anderson, 2012, p. 13). The major part of crimes against property involves “unlawfully taking the property of another by stealing, force, fire, or deceit” (Long, 2004, p. 113). Hence, following this definition, one should admit that there are generally four types of crime against property recognized by the American criminal justice system: burglary (unlawful entry of a building with the intent of committing felony), robbery (taking the property of a person by force), larceny (taking and carrying away one’s property for stealing), and arson (the gravest crime against property, involving the intentional burning of someone’s property) (Long, 2004).
Shoplifting is one of common crimes against property involving individuals stealing the property of shops and businesses, and carrying it away from shops (including products, clothes, and other merchandise). As Gardner and Anderson (2012) admitted, there are specific rules that business can lawfully apply in cases the shoplifting instances are suspected. As the State v. Goodman (2007) case showed, the proof of every element of the offense is needed or the charge of shoplifting to be proven; hence, one of the key requirements is the taking requirement. It is stated by the US law that if customers take the merchandise, they are legally entitled to pay the purchase price for it (Gardner & Anderson, 2012). Hence, if the taking requirement is fulfilled, and other elements of crime are present (the merchandise is taken in possession but not paid for), the crime of shoplifting is considered present. Moreover, it is not obligatory for the shoplifter to leave the shop for the shoplifting to occur – the instances of hiding merchandise under one’s clothes, which means concealment of goods, are enough for the shoplifters to be arrested (Gardner & Anderson, 2012).
However, it is necessary to keep in mind that shoplifting as a crime should be proven, and probable cause should be established for the crime to be verified. Taking into account a large number of lawsuits after false accusations of shoplifting, and great damages shops may incur after offending and slandering their customers, private security officers have been trained specifically for handling the suspected cases of shoplifting. To avoid legal prosecution, the private security officers are legally allowed to stop and question the suspected shoplifters, and may follow them after their leaving the shop to determine the person’s identity. Search is also allowed, though only in certain states (Gardner & Anderson, 2012).
Home invasion is another crime against property that differs from burglary or robbery, breaking, and entering one’s home. According to the US criminal law, home invasion is a crime that requires “unlawful entry of the dwelling of another with intent to commit a crime, with persons present in the home, and the use of force or threat of force to commit a crime” (Gardner & Anderson, 2012, p. 391). Home invasion is a rather new type of crime, but it is considered a grave offense because it often involves highly violent activities. The main difference of home invasion from other similar types of crimes is that in the majority of cases, perpetrators try to avoid contact with home owners, while home invaders confront home owners and force them to open safes, and reveal their valuable possessions (Burgess, Regehr, & Roberts, 2010).
Burglary is another form of theft that is defined as “the unlawful entry of another’s building with the intention of committing a felony inside the building” (Long, 2004, p. 113). According to Gardner and Anderson (2012), the old common law regarding burglary required the proof of intent to commit a felony, and defined a burglary as breaking into the residence of another at night with the intent to commit a theft. However, at present, the majority of states and the federal government have broadened the present element, stating that proving the intent to steal is enough for the burglary accusation. Moreover, since burglary is considered trespass, there is a need to prove the unlawful entry into the premises, which may be limited to inserting a hand or arm into the premises. The limitation of burglary to the night time has also been broadened, including any day time. Thus, for instance, inserting one’s hand through a house’s window to steal a purse from a window seal in the afternoon is also considered a burglary.
Cyber crime is a new form of crime that is defined as “criminal acts implemented through use of a computer or other form of electronic communication” (Gardner & Anderson, 2012, p. 510). At present, the US criminal law includes the Computer Fraud and Abuse Act, 18 U. S. C. § 1030 (CFAA) for targeting specifically the computer-mediated type of crimes. This act covers a wide range of computer crimes including the unlawful access to others’ computers, hacking, bullying, fraud, cyber stalking, etc. Cyber stalking is also a relatively new form of crime recognized as a separate crime form; it involves using the Internet to stalk or harass a person, and in case the stalking and harassment result in the person’s damage (such as suicide or psychological breakdown), the criminals conducting cyber stalking can be legally prosecuted for assault and stalking leading to a person’s death (Gardner & Anderson, 2012).
As one can see from the present account, there are various types of crimes against property, and they include a wide range of violent and non-violent activities of criminals. Shoplifting is one of the most ambiguous and delicate issues for businesses to deal with, since there are many lawsuits in which customers usually win in case they are treated with disrespect, are stopped and searched in suspicion of shoplifting. Hence, management of suspected shoplifting requires due diligence and caution, though it can be detected even before the criminal leaves the shop. Home invasion is a new, separate form of violent burglary because it involves a direct confrontation of criminals with home owners present in the house. A burglary is a crime against property the definition of which has been expanded recently to include not only night time, but any part of the day, and to specify that an intrusion is not a necessary condition for an act of theft to be considered a burglary (any part of the human body, e.g., a hand or arm, inserted in one’s dwelling for a theft is already a sufficient condition for a burglary to be detected). Cyber crime is also a relatively new form of crime that is regulated by the Computer Fraud and Abuse Act, and that involved crimes committed with the help of computers and Internet.
Burgess, A., Regehr, C., & Roberts, A. (2010). Victimology: Theories and Applications . Sudbury, MA: Jones and Bartlett Publishing.
Gardner, C., & Anderson, T. (2012). Criminal Law . (11 th ed.). Belmont, CA: Cengage Learning.
Long, J. A. (2004). Office Procedures for the Legal Professional . Belmont, CA: Cengage Learning.
Stuck with your Research Paper?
Get in touch with one of our experts for instant help!
Business Impact Analysis, Research Paper Example
Offense as Defense: U.S. Foreign Policy After 9/11, Application Essay Example
Time is precious
don’t waste it!
Plagiarism-free guarantee
Privacy guarantee
Secure checkout
Money back guarantee
Related Research Paper Samples & Examples
The risk of teenagers smoking, research paper example.
Pages: 11
Words: 3102
Impacts on Patients and Healthcare Workers in Canada, Research Paper Example
Pages: 7
Words: 1839
Death by Neurological Criteria, Research Paper Example
Words: 2028
Ethical Considerations in End-Of-Life Care, Research Paper Example
Words: 1391
Ethical Dilemmas in Brain Death, Research Paper Example
Words: 2005
Politics of Difference and the Case of School Uniforms, Research Paper Example
Pages: 2
Words: 631
Property Crime and Property Crimes
This essay about property crime defines it as a category of criminal acts that involve the theft or destruction of property without bodily harm to the victim. It elaborates on different types of property crimes as classified by the FBI, including burglary, larceny-theft, motor vehicle theft, and arson, each described with specific legal definitions and characteristics. The essay discusses the broader impact of property crime on victims and communities, highlighting the psychological, financial, and societal consequences. It also outlines preventive measures ranging from community policing and technological security enhancements to systemic social improvements aimed at addressing the root causes of property crime. Through these discussions, the essay emphasizes the importance of a multifaceted approach in combating property crime and enhancing community safety.
How it works
Property transgression epitomizes a cluster of unlawful deeds that predominantly encompass the appropriation of possessions devoid of corporeal harm to the sufferer. Comprehending the breadth and intricacies of property transgression is imperative for grasping myriad aspects of penal jurisprudence and its ramifications on society. This dissertation delves into the elucidation of property transgression, the sundry categories entailed, the repercussions on victims and communities, and certain preemptive measures that can be deployed.
At its essence, property transgression is delineated as the unsanctioned acquisition or impairment of an individual’s possessions.
These transgressions are customarily propelled by pecuniary motives and do not entail physical aggression against an individual, thereby demarcating them from violent infractions. The Federal Bureau of Investigation (FBI) classifies property transgression into several principal categories: encroachment, pilferage-theft, automotive theft, and conflagration. Each of these entails distinct legal delineations and criteria that must be satisfied for an act to be subsumed under these infractions.
Encroachment is characterized as the illicit ingress into a structure or edifice with the intention to perpetrate a theft or any felony. This does not necessitate forcible entry as conventionally believed; unauthorized ingress through an unbolted door or window also constitutes encroachment. The pivotal facet here is the intention to perpetrate a crime subsequent to ingress into the structure.
Pilferage-theft denotes the simple acquisition of someone else’s possessions sans their authorization and with the intention to divest them of it permanently. It spans from petty theft to the filching of velocipedes and everything in between. Unlike encroachment, pilferage does not entail intrusion into an individual’s domicile or property.
Automotive theft entails the filching of automobiles, lorries, motorcycles, and other conveyances. This is a conspicuously visible property transgression that profoundly impacts its victims, oftentimes inducing substantial inconvenience and pecuniary loss.
Conflagration , the deliberate instigation of conflagrations to property, is particularly pernicious. Although occasionally prompted by vandalism, conflagration can also be employed to obfuscate another transgression or for indemnification fraud.
The ramifications of property transgression transcend individual deprivations, impacting communities and the broader economy. Victims may grapple not only with the forfeiture of valuable or sentimental possessions but also endure the psychological strain and pecuniary outlays of substituting pilfered items and fortifying their property. On a grander scale, elevated rates of property transgression in a community can diminish property appraisals and deter economic progress.
Preemptive measures for property transgression concentrate on curbing opportunities for malefactors to perpetrate these infractions. This encompasses strategies such as communal policing, neighborhood vigilance programs, and public enlightenment campaigns on security methodologies. Technological solutions like surveillance cameras, ameliorated illumination, and anti-theft apparatuses for conveyances are also efficacious. On a systemic level, augmenting social circumstances such as alleviating poverty and escalating employment opportunities can redress some of the underlying causes of property transgression.
In culmination, property transgression enwraps an array of infractions that encompass the unsanctioned acquisition or devastation of an individual’s property. It poses consequential hurdles not only to individuals but also to communities and the legal framework. Through a confluence of law enforcement strategies, communal involvement, and societal policy, it is feasible to mitigate the repercussions of property transgression and amplify the security and welfare of communities. Comprehending the dynamics of property transgression is imperative for formulating efficacious preventative and interventional measures.
Cite this page
Property Crime And Property Crimes. (2024, Apr 22). Retrieved from https://papersowl.com/examples/property-crime-and-property-crimes/
"Property Crime And Property Crimes." PapersOwl.com , 22 Apr 2024, https://papersowl.com/examples/property-crime-and-property-crimes/
PapersOwl.com. (2024). Property Crime And Property Crimes . [Online]. Available at: https://papersowl.com/examples/property-crime-and-property-crimes/ [Accessed: 16 Nov. 2024]
"Property Crime And Property Crimes." PapersOwl.com, Apr 22, 2024. Accessed November 16, 2024. https://papersowl.com/examples/property-crime-and-property-crimes/
"Property Crime And Property Crimes," PapersOwl.com , 22-Apr-2024. [Online]. Available: https://papersowl.com/examples/property-crime-and-property-crimes/. [Accessed: 16-Nov-2024]
PapersOwl.com. (2024). Property Crime And Property Crimes . [Online]. Available at: https://papersowl.com/examples/property-crime-and-property-crimes/ [Accessed: 16-Nov-2024]
Don't let plagiarism ruin your grade
Hire a writer to get a unique paper crafted to your needs.
Our writers will help you fix any mistakes and get an A+!
Please check your inbox.
You can order an original essay written according to your instructions.
Trusted by over 1 million students worldwide
1. Tell Us Your Requirements
2. Pick your perfect writer
3. Get Your Paper and Pay
Hi! I'm Amy, your personal assistant!
Don't know where to start? Give me your paper requirements and I connect you to an academic expert.
short deadlines
100% Plagiarism-Free
Certified writers
IMAGES
COMMENTS
Forgery, robbery, embezzlement, and extortion are examples of crimes that deprive ownership rights while vandalism and arson are crimes that destroy individual’s property. Forgery is one of the crimes against property that involves depriving one’s property by using fraudulence means. According to Belbow (2005), criminal statute of Texas ...
Entrepreneurial property crime is defined as the illegal manufacturing, selling, buying, giving, or receiving of property. All kinds of property crime—violent, fraudulent, stealthy, destructive, and entrepreneurial—are quantitative variables that may vary in their rate and magnitude across time and space. The goal of governments is to ...
1. Introduction Crime is an act that goes against public law. Crimes can be categorized by the types of punishment that can be given to a criminal. In general, there are two types of crime. The first type is called a summary offence. Summary offences are tried by a magistrate in a Local Court. The defendant is tried based on the evidence presented to the court; there is no jury. If the ...
Essay On Property Crime. 925 Words4 Pages. Recommended: Crime rates in the us essay. The definition of property crime in The National Crime Victimization Survey has describe it as,” burglary, motor vehicle theft, and theft. This category includes both attempted and completed crimes” (). Property crime is one the most crime that is reported.
Get custom essay. The first one is the presence of malicious intent where authorities have to ascertain that the arsonist committed the crime maliciously (Samaha, 2016). The second element of arson is burning. It states that an arsonist should cause damage to property through fire.
The present paper is dedicated to the overview of the common crimes against property. There are four types of crime against property, including arson, burglary, larceny, and robbery. Shoplifting is a form of larceny, or theft, which involves unlawful taking of merchandize from shops and other businesses. For shoplifting to occur, the criminal ...
Crimes Criminal Activities Crimes against public disorder In order to be convicted of disorderly conduct, according to the State of Massachusetts the defendant must have committed three specific things: 1) involved themselves in fighting, threatening, or violent behavior, or create a situation that is hazardous or physically offensive, 2) the defendants actions were most likely to affect the ...
Property Crime and Property Crimes. This essay about property crime defines it as a category of criminal acts that involve the theft or destruction of property without bodily harm to the victim. It elaborates on different types of property crimes as classified by the FBI, including burglary, larceny-theft, motor vehicle theft, and arson, each ...
The common characteristics of all property crimesProperty crime can encompass aspects of burglary, theft, or motor vehicle theft and this also includes attempted as well as completed crimes. In accordance to the Federal Bureau of Investigation (2010), property crime comprises of the wrongdoings of motor vehicle theft, larceny-theft, burglary ...
Crime And Property "Crime is the violation of statutes enacted into criminal law by a locality, state, or the federal government" (Macionis, 218). Crimes against property include robbery of another's personal belongings. Property crimes include burglary, larceny, and auto thef...