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Alex
Alex, Engineer
Category: Homework
Satisfied Customers: 2601
Experience:  BS in Business Administration with a major in MIS. 15+ years experience in software design and development.
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DQ1- Amber to Angela- I think it is very difficult for most

Customer Question

DQ1- Amber to Angela- I think it is very difficult for most people to differentiate between these three crimes. I think that most people feel that these crimes are all the same even though the surrounding actions for these crimes are similar they are not all the same. While they all require the intentional taking of property from another person burglary does have breaking and entering charges in them as well. Did you have the time to read all of the particulates that encompass the degree of the crime that would require a court to charge them with a first or second degree charge? I did and I think that they are very interesting for example a first degree burglary charge is entering an inhabited dwelling and a second degree charge encompasses all other burglaries. Can you share your thoughts on the different degrees of the charges??
DQ!-Adrianne to Angela- Hi Angela, I read your response to the DQ and agree with you when you said robbery is the unlawful taking of a personal possession from another individual through intimidation or by force; burglary is breaking and entering a structure, building, car, boat, etc. with the intent to commit a felony or theft; and theft is a general term used to describe the taking of property from an individual unlawfully by another individual. My question to you is this; If theft in its general term is a basis for various crimes, what are some of the various crimes that involve the unlawful taking of property?

DQ1- Adrianne to Charity-I read your response to the DQ and I agree with you when you said that there are different elements per these three crimes like for instance robbery would be that they used force, threats and also weapons when robbing the place they were robbing. My question to you is this; What is the worst element among these three and which one can get you the most time in prison?

DQ1- Alecia to Shakelia- Yes a lot of people wait un till their house is broken in to get this alarms, my mom did the same thing her house was broken in to at least twice before she installed an alarm system in her house, she had the same issue she was out of the house a lot and many people knew that. In the past technology was not updated like it is now therefore I think is the reason why many people hold off on installing this system. Now the alarm system that is installed in homes can be detected thru phones or straight by 911 when it goes off, before the alarm used to just make noise and scared the rober away. We know that we can fix burglary with an alarm system but how can we stop robbery? theft is common with vehicles and most vehicles also carry an alarm I think that if the vehicle alarms where like the houses it would help a lot more with auto theft, Don't you think so?

DQ!- Amber to Shakelia- I think that you did a very good job of describing the legal definition of all three of these crimes; however, I would really encourage you to go back to the textbook and re-read the different form of robbery. According to Schmalleger, Hall, & Dolatowski aggravated robbery and armed robbery are commonly referred to as the same thing. Other than that I think that all of the information that you have provided is very accurate. Do you think that the differences between the first and second degree aspects of each of these crimes are fitting to the amount of damage that each does? For example the only thing that is encompassed under the first degree burglary is entering an inhabited dwelling and a second degree burglary charge are all other burglaries. Do you think that this makes sense?

DQ1-Adrianne to Amber-Hi Amber, I read your response to the DQ and I agree with you when you said each of these crimes requires taking property from another person or establishment. I also agree with you when you said each of these crimes can also be taken between a first and second degree charge depending on the nature of the actual crime. My question to you is this; At what point does the crime begin to go from first and second degree charges? Is the punishment time different from one crime to another? If so, what is the difference?

DQ1-Adrianne to Donald-Hi Donald, I read your response to the DQ and I agree with you when you said at common law, robbery is defined as taking the property of another with the intent to permanently deprive the person of that property by means of force or fear. My question to you is this; What happen if a person is trying to rob another but the plan does not work out that way any the robber is the one who end up hurt? Will he or she be able to use the self defense law? What are your thoughts on this matter?

DQ2- Carl-Assault never has any physical contact involved. It's either an attempt at physical contact (which does not result in contact), or it's a threat of contact. On the other hand, a slight physical contact, such as a push against someone, and beating that person with a closed fist, are both battery.
Submitted: 2 years ago.
Category: Homework
Expert:  Alex replied 2 years ago.

Alex :

Hi, let me know what you need tonight. I'm going out of town tomorrow and likely won't have access to a computer until next Wednesday. Let me know what you need tonight and what else you need and when so we can plan. I'll check back in a few minutes.

Customer:

I need two each night its eight total. Do worry u know I'm good for the break down of the bonus:)


 

Customer:

I'll be up late tonight I'm doing another assignment powerpoint


 

Alex :

Ok, I'll see how far I can get tonight.

Customer:

ty no word count just substantial post


 

Alex :

ok

Customer: R u almost done with the two? I'm running out of time
Alex :

Yes, those are done.

Alex :

Working on tohers.

Alex :

Just a sec, I'll post.

Alex :

Certainly when people think about robbery, burglary and theft they likely don't associate those terms with the actual definition of the crime. While most people probably don't consider this criminals certainly know the difference and the associated justice that is associated with such crimes in terms of their punishments and potential jail time. I actually enjoyed learning what makes each of those crimes unique depending on the circumstances involved. In my initial research I did not see the difference in first and second degree levels of these crimes but open further investigation I did discover that in many cases states have a similar but not exact way of defining the difference between first and second degree burglary. For instance, in New York second degree involves the use of a handgun, knife, etc but that the weapon was not readily available to kill or injure. If for instance, there was a gun but no bullets then that would be second degree but a loaded weapon that was being waved around would be first degree.


 


The three different classifications of the taking of property do a good job of defining the potential ways in which property theft exists and the level of severity of each of the different types. Theft is certainly a generic term and can encompass a number of different crimes. Crimes that involve the taking of property are varied and include things such as purse snatching, larceny, car theft, identity theft and usage of someone's credit cards. The advent of the internet and the ability to steal someone's identity is a relatively new type of theft that has certainly become very common and widespread. Basically any time property is taken without entering a building or in a public space would be considered a theft. Also, taking something from someone's property without actually “entering” would also be theft.


 


 

Alex :

Done in about 5-10 more minutes with all of them

Customer:

ty


 

Alex :

Here are the other 6

Alex :

I believe that robbery, burglary and theft are all crimes that certainly deserve a punishment that fits the level of the crime. In my own personal opinion I believe that robbery is by far and away the most serious of the offenses and deserves the most jail time. If someone commits a burglary at gun point the victims can suffer emotional distress as well as potential death. Putting others in that situation certainly deserves a punishment that is severe and will serve as a detriment to others who may commit the same crime.


 


From an overall perspective there is no way to completely eliminate robbery, burglary or theft. Regardless of the punishment someone will still commit such crimes. A clear example is the fact that some crimes carry with them the death penalty but people still commit those crimes. From that regard the goal is to deter those crimes. Increasing the punishment is certainly one way to accomplish this. Stopping robbery entirely would be impossible and for such a reason technology should be utilized to help detect such criminals to deter them currently and in the future based on the punishment. Certainly adding alarms to homes that are monitored would cut down on more crimes of this nature.


 


While I agree with the majority of your assessment I'm not sure I agree with your definition of armed versus regular robbery and the distinction between first and second degree robbery. Certainly robbing a person or business utilizing a weapon is a robbery but if the gun wasn't loaded the person may get off with second degree burglary. Armed robbery can constitute various forms. For instance, if someone robbed a store with a knife concealed on their person as opposed to waving a knife around it's likely that the crime may be considered second degree as there likely wasn't an imminent pending use of the potential weapon. In fact, no one may have seen the weapon until they were arrested.


 


According to my understanding of the differences in the degrees of the crime the issue at hand is whether the person had the intent of committing the crime and intended to use the potential threat against someone. In cases where there is no imminent threat then it would likely be second degree versus first degree but that is something a jury may well need to decide based on the circumstances. The punishment associated with the two is certainly different but there is not a clear definition based on precedent of what that punishment is as there are always circumstances involving the crime that must be taken into consideration.


 


You raise an interesting point when it comes to the perpetrator actually become the victim in the case. While it certainly is against the law to kill someone most states recognize the ability of the individual to practice self defense. If in turn the perpetrator feels threatened its unlikely they could sue as they were the one that perpetrated the crime and the person who was robbed was innocent in such regard. While the letter of the law certainly provides for self defense there are circumstances such as this where it would not apply and a jury certainly would likely agree that the person who initiated the crime is ultimately responsible.


 


 


I agree with your assessment that there is the clear distinction but it does sound a bit harsh for someone who just pushed someone instead of literally punching them. However, the law must define the difference and as such it stops at physical contact. There is no other definition surrounding the fact that such actions become battery. I agree that it may sound severe and it would likely be considered in punishment but the fact remains that such actions are considered battery. There has to be a dividing line at some point and I agree this is likely the best place to make it.


 


 


 

Alex :

Let me know if that works or if you have questions. I'll be on a few more minutes to make sure you have everything you need.

Customer:
Alex, Engineer
Category: Homework
Satisfied Customers: 2601
Experience: BS in Business Administration with a major in MIS. 15+ years experience in software design and development.
Alex and 10 other Homework Specialists are ready to help you
Expert:  Alex replied 2 years ago.
Thanks!

Great to work with you as always.

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