Using New York State Penal Law definitions, define and explain the differences between burglary and robbery
Robbery according to the New York law is defined as being equivalent to larceny which is the unlawful taking or the forcible stealing of property. Any crime committed when a person in the course of committing a larceny uses or threatens the direct use of physical force on another person with the intent to compel the owner of the property to at in a way that aids the commission of the larceny, to overcome any resistance to retain the property after taking it, to prevent resistance when taking the property or to compel the owner of the property to deliver it. According to the New York state crime reporting program, robbery is subdivided into the type of location and the types of weapon. (New York state uniform crime reporting, 2015). The location types of robbery include; highway or street (are not within buildings or confined private property), residence (homes, apartments) banks, convenience store or other commercial buildings. Classification according to weapon type includes crimes involving guns, other firearms, other dangerous weapons, knife and cutting apparatus or strong arms. To constitute a robbery, therefore, there has to be a victim present who suffers physical injury or faces threats of harm. The basic elements of robbery involve; taking the personal property of another person with the intention to steal from the person against their will with the use threatening force, violence or intimidation.
A real example of robbery in New York was a recent Southport bank robbery at the first heritage credit union on Cedar Street. Darrel Driscoll was later arrested as a suspect in the robbery. Police say that the suspect threatened the tellers that he would use a weapon (Murray, 2015)
Burglary is unlawful entry to premises not limited to businesses or homes with the intention to commit a crime inside (not limited to theft). Physical breaking in is not a necessary requirement. A burglary case is developed to protect people’s interest in their homes and protect from any violence as opposed to protection against theft. The elements of burglary include any unauthorized entry or breaking into a premises with the intention of committing a crime or series of crimes inside. Breaking through could be actual or constructive. Burglary is classified in the first degree, second degree and third degree. ( New york state law: penal law, article 140)
A real life example of burglary is that of Colton Harris-Moore also nicknamed the “barefoot bandit” who is known for recent burglaries. He used to break into holiday homes to steal food and water for survival and is believed to have broken into over a hundred homes but later started stealing more expensive items later (Fox, 2011)
Explain your next course of action
My next progression of action is to secure the crime scenes and analyze the clue of evidence collected in order to profile the offender. It is important the crime scene is left undisturbed so that essential evidence is gathered. I shall advise the owners of the houses not to touch important site that provide this important evidence of fingerprints such as door locks, window frames and drawers that contained the stolen items. This will help narrow down his number of potential suspects by identifying any characteristic that will help identify the suspect.
Analysis of the clues.
The perpetrators selected high-income residential with a low population in the neighborhood. Similar items are stolen from both houses implying the possibility of the same suspect having perpetrated the crimes. High professionalism of operation with minimal signs of forced entry that are difficult to detect Footprints discovered among a small cluster of the tree probably where the suspect hid and conducted hid surveillance from. The Strong odor of urine indicates that the suspect has been studying the neighborhood for a long time, or there could be multiple suspects. With more attention to the t-section probably the perpetrators had partners on the watch out. The coffee cup is an indication of familiarity with the region. Or the burglary took place at night, and it was probably cold and the person keeping watch could have been nervous or careless. The book rare guns and rare coins collections: a solid investment indicate that the suspects were looking for specific items, they were highly professional to use latex gloves that way no trails of evidence were left behind. The tag from the library in a nearby city is an indicator that the book could be borrowed or stolen and could have been dropped randomly.
I would also visit the neighboring ten homes to interview people looking for clues about ant suspicious people, unidentified vehicle within a period of at least one month. I would also enquire from the victims and neighbors about the victim about any false visits by people claiming to be salesmen or inspectors and maybe want to look around the locality. I would search for the specific entry points, check for ant fingerprints including the coffee cup and the book. I would research the rare guns and rare coins market and alert the owners of such business about the burglary and the items stolen so that they may report people who sell them the items should they fail to comply then they shall be treated as accomplices.
References
Fox, J. (2011 September, 10). Top 10 Infamous Cat Burglars [web log comment] retrieved from: http://listverse.com/2011/09/10/top-10-infamous-cat-burglars/
Murray, J (2015 April, 22) update: Southport bank robbery suspect identified. [Web log comment] retrieved from http://www.stargazette.com/story/news/crime/2015/04/21/first- heritage-bank-robbery/26135563/
New york state law (2015). penal law; a comprehensive on-line digest of new York’s criminal code. Article 140. Retrieved from http://ypdcrime.com/penal.law/article140.htm
New York state uniform crime reporting (2015 February, 1). A supplement to the FBI uniform crime reporting handbook. Retrived from: http://www.criminaljustice.ny.gov/crimnet/ojsa/crimereporting/ucr_refman/ucrsupplement.pd f
