There are many types of robbery. In all cases, an individual takes possession or ownership of a piece of property to which he or she is not entitled. In crimes of false pretense, perpetrators obtain ownership rights through an act of deception that pertains to facts about the past or present. The transfer of title for that property is obtained through fraudulent acts.
In crimes of larceny, the perpetrator takes possession of property for which he or she does not have possession rights. For example, the owner of a boat may take it to a marina to have it fixed. Once the work has been completed, the owner retrieves the boat without paying the bill. The owner is guilty of larceny because he or she does not have possession rights until the bill is paid for the work that has already been completed on the boat.
Robbery also includes the perpetrators taking possession of property for which they do not have possession rights. However, robbery often includes force. Aggravated robbery and armed robbery are similar in nature because the perpetrator utilizes force or the threat of force in order to gain victim compliance. Armed robbery includes possession of a deadly weapon or the perceived possession of a deadly weapon, even if one is not present. Generally, bank robberies, which are Federal crimes, involve armed robbery.
Burglary is different from robbery because burglary does not generally include contact between the robber and the victim. Burglary is an inchoate offense, which means that the crime is committed in order to prepare for completion of another crime. There are many offenses that can proceed burglary, and the crime does not have to include theft. Even if the burglar never commits the intended, additional offense, they can still be charged with burglary.
Piracy is another type of theft in which the victim rarely comes face to face with the perpetrator. Piracy is a crime in which theft is committed by violating copyright laws. Copyright infringement is a serious criminal offense, but it is rarely prosecuted due to the nature of the crime.
Piracy is a serious problem that is widespread in the entertainment industry. Illegal copies of artistic creations are circulated on a mass level and easily obtained by any member of the general public. Although pirated copies are often cheaper than original works, the artist receives no payment from those copies.
The Internet has made piracy much easier to get away with, which also makes it more difficult to prosecute guilty offenders. The Internet makes it easy to take part in obtaining and selling illegal copies of artistic material and for criminals to remain nameless.
Looting is similar in that it is usually difficult to prosecute the guilty parties. Looting generally takes place during events that require the attention of law enforcement. Those events can include wars, natural disasters, political unrest, and archaeological sites that have no security. Looting involves perpetrators that take advantage of unprotected property. Looters often steal whatever they can get out of structures that have no security due to intervening factors, such as blackouts.
Crimes of false pretense involve an individual that obtains ownership rights to property by taking place in an act of fraud. Crimes of false pretense often involve an act of deception that directly results in an individual giving up the ownership rights to a piece of property as a direct result of that act of deception. In other words, the crime only qualifies as a crime of false pretense if the transfer of ownership is a direct result of an act of deception by the person that has obtained ownership of that property.
In order to be prosecuted for a crime of false pretense, an individual must be aware that they are making the false statement. For example, a person cannot be charged if they realistically believed what they told the rightful owner, even if it was false. The perpetrator must have been aware that they were taking part in a deception that would result in the loss of property of the rightful owner.
The deception that resulted in the transfer of property must have been passed on as A past fact, or a fact that pertains to the present. In other words, a person cannot be charged with committing a crime of false pretense based on promises they make about the future. The perpetrator must have taken part in deception about an actual and existing fact.
Any promise made about the future is not based in fact because nobody can know for sure what will happen in the future. In contrast to robbery, this crime involves the actual transfer of ownership, rather than simple possession. In addition, the property must have some pecuniary significance. The property must have some monetary value, no matter how small.
The perpetrator must also have intent to defraud the victim. In other words, the perpetrator must have had the motive of gaining the rights to a piece of property by taking part in deception that would affect the rightful owner of that property.
If however, the rightful owner had suspicions about that specific deception, no crime has been committed because they were not actually deceived. A person that has doubt and transfers the property anyway has not been deceived, and therefore, the actions necessary to complete a crime of false pretense have not been met.
Crimes of false pretense have changed names as laws change, but the basic premise remains the same. In the Theft Acts of 1968 and 1978, the United Kingdom's government sought to better define crimes of theft. Crimes of false pretense have also been known as crimes of deception, or crimes of fraud. Whatever they are known as, the results are the same. A perpetrator deceives the rightful owner of a valuable piece of property into giving up those property rights.
Larceny is a crime in which the perpetrator gains possession of a piece of property, but not ownership rights. The larcenist takes possession of the property without permission from the owner, or with permission of the owner but for purposes contrary to that permission.
The perpetrator may have asked to borrow a piece of jewelry for some specific event and instead sold that piece of jewelry even though they did not have ownership of that jewelry. The perpetrator did have permission to possess the jewelry, but only for a certain period of time. They were also expected to return the jewelry.
A person is also guilty of larceny if they take part in asportation of property. Asportation is the movement of property that a person does not have possession rights to. For example, a person may own a vehicle that has been impounded because a ticket has not been paid. The owner does not have possession rights of that vehicle. If that individual were to go to the impound lot and move the car, they are guilty of asportation.
Another principle involved in larceny is that the perpetrator takes possession of a piece of property to which another individual has possession rights. In other words, a person is not guilty of larceny if they take possession of a piece of property that has been abandoned or discarded.
However, an individual that takes possession of a piece of property that may have been lost could be guilty of larceny if they do not make reasonable efforts to reunite that property with the person that has possession rights.
The perpetrator must also intend to permanently deprive a person of possession of the piece of property. For example, a person that finds a piece of jewelry and picks it up to bring home is not yet guilty of larceny. That individual may be bringing that piece of property home in order to make an attempt to find the owner.
That person must take the item home and make no attempt to find the individual that has possession rights before they could be guilty of larceny. That fact can sometimes be difficult to prove. Perhaps, if that individual were to wear that piece of jewelry, it could be assumed that they intended to permanently deprive someone of that property.
There are many types of larceny but all involve some of the same elements and all involve an individual taking possession of a piece of property of which they do not have the possession rights. There are some individuals that take possession by acts of stealth.
A pickpocket commits larceny by stealth because the crime is often undetected until much later. In other words, larceny by stealth involves a perpetrator that is not witnessed during the commission of the crime. Although people may have actually seen the pickpocket, they probably did not realize that the crime took place.
Theft by an employee or servant can also include stealth, but it does not have to. Theft by employees is rather common. Office supplies are frequently taken home by employees with a purpose that does not involve work. Even employees that use their work phone to make long distance calls that are not in reference to their job are guilty of petty larceny. Employees that steal items such as printers would be guilty of grand larceny.
Theft by bailee also involves theft by employees, but under different circumstances. Bailees are often hired to transfer property from one person, to the person that has obtained possession rights of that property. Although the bailee is granted temporary possession rights, they do not have the right to not deliver that property to the individual that has possession rights.
For example, a trucker that has been hired to transfer toys from a warehouse to a toy store does not have the right to remove even a single toy from that delivery. If the trucker were to remove anything from that shipment, that would be considered theft by bailee.
Theft by a finder involves a person finding a piece of property for which they know they do not have possession rights. If that person can reasonably believe that the property has been abandoned, then no crime has been committed. If, however, that person believes that the property has been lost or misplaced, they must make a reasonable effort to reunite the property with the person that has possession rights in order to avoid larceny charges.
One of the most common forms of larceny is larceny by trick. In that type of larceny, the perpetrator is granted possession rights, but takes possession for a purpose contrary to that for which permission was granted. For example, a person that borrows a car for a doctor’s appointment, but instead uses it to rob a bank, would be guilty of theft by deception, among other charges.
Armed robbery is generally the charge against a perpetrator that utilizes a weapon during the commission of a robbery. Robbery is the taking of property through the use of force, or threat of force. Armed robbers use a weapon to gain victim compliance.
In fact, armed robberies do not even have to present a weapon to face the most serious of robbery charges. For example, a robber that pretended that a hand in his pocket held a gun would be charged with armed robbery. In order to be charged with armed robbery, the victims must simply believe that the robber had a deadly weapon and acted accordingly.
Prosecution for armed robbery will vary according to each jurisdiction. Bank robberies that include the use of a weapon will be prosecuted by the Federal Government. In fact, any bank robbery is considered a Federal crime because the Government insures banks, and therefore, bank robbery is a Federal crime.
Banks and other institutions have taken many precautions to prevent robbery. Many buildings now have double doors that can trap a robber while they try to escape. In addition, many buildings now have twenty-four hour surveillance so that no one can enter undetected. There are also silent alarms in many buildings which employees can hit without alerting the criminal.
Homes and businesses should take similar precautions to avoid becoming the victim of an armed robber. While homes may not have metal detectors, they can add security such as alarm systems. Any structure should also be clear of easy hiding spots for robbers such as shrubs and darkened areas.
Statistics indicate that most armed bank robberies occur in the early morning hours, especially on Fridays, whereas armed robberies of businesses tend to happen in the late evening hours. Those statistics will vary according to the security and other precautions of businesses attempting to prevent such crimes. Armed robbers, like other criminals, look for an easy target.
Robbery is very similar to other crimes, but it has some defining characteristics. The crime of robbery involves a perpetrator taking property from the person that has possession rights to the property while using force or threatening the use of force.
The robber generally comes face to face with their victim, unlike a burglar. In many jurisdictions, there is no distinction between armed robbery and aggravated robbery.When there is a distinction made, it is generally that aggravated robbery includes the threat of force in the absence of a deadly weapon being presented or threatened.
In either case, aggravated robbery generally has sentencing guidelines similar to armed robbery, depending on other intervening factors of the crime. Aggravated robbery can also include a felony murder charge. If a victim dies as a result of the commission of any felony crime, the charge will be felony murder. Generally, charges of that nature include a sentence of life in prison.
Aggravated robbery can also result in kidnapping to aid the perpetrator in escaping from law enforcement or any one that is in pursuit. If the victim is transported across State lines, the charges will be prosecuted in Federal court.
Aggravated robbery is a violent felony and can often occur in addition to other violent crimes. Unfortunately, the mind set of many of the perpetrators is that once they have begun the crime, there is no turning back. Therefore, they are likely to do anything that will help them escape, including killing innocent bystanders or law enforcement that are in pursuit.
Bank robbery continues to be a problem across the United States and in other countries as well. It is believed that Iraq has one of the highest incidences of bank robberies in the world. Yet, the United States has a fairly high rate as well. Bank robbery is a Federal crime which incurs very harsh sentences. Those sentences can be affected by the seriousness, or degree of the crime.
In cases where perpetrators carry or use a deadly weapon, it is first degree bank robbery and that incurs some of the most serious sentences. This is especially true if anyone is injured or killed as a result of the crime. If an individual dies as a result of the actions of the perpetrators, even by accident, the charge is felony murder.
The felony murder rule allows perpetrators to be charged with the crime for any death that would not have occurred except for the commission of the crime. For example, a pedestrian that is struck and killed by an officer in pursuit of the suspects can be charged as a felony murder.
Sentences for perpetrators will vary based on many factors. For famous bank robberies from the "era of public enemies," the sentence was death. While their deaths occurred very publicly, Dillinger and Bonnie and Clyde were all killed as a direct result of their crimes which included bank robbery. Dillinger and Bonnie and Clyde were just several of the famous bank robbers that committed a wide array of crimes during the Great Depression. As a result of their crimes, bank robbery is now considered a Federal crime and is subject to time in Federal prison.
At the time that the famous robbers perpetrated their crimes, the sentences were much lighter if the perpetrators were able to avoid being gunned down by law enforcement, which was common practice at the time. That practice was especially common when perpetrators were believed to be responsible for the death of officers, of which both Dillinger and Bonnie and Clyde were accused.
There are many famous bank robberies. The robbery of the Central Bank of Iraq is said to be the largest cash heist in history. The robbery was successful and included no deaths and very little planning. Saddam Hussein's son simply handed bank employees a note from his Father, and in turn, he was handed the money without incident, whereas, the robbery of Security Pacific Bank was perpetrated with extreme and deadly violence.
The robbers admitted that they had planned to die rather than be apprehended by police. That fact became evident as a police pursuit ensued after the robbers’ suspicious activity was reported to police. The firepower in possession of the robbers would never have been outperformed by the weapons that the officers had in possession. The robbers also carried bombs which they hurled at officers during the pursuit. The robbers gave no thought to injuries or deaths that would result from their crime.
That robbery resulted in more effective weapons for officers, as well as better training. Previously, officers had basic weapons that were usually effective. However, the availability of illegal and extremely powerful weapons in certain areas of the country made it necessary for officers to carry more powerful and deadly weapons. Training was also increased to include the possibility of such powerful weapons being used by perpetrators.
Regardless of the type of bank robbery, there is an impact on society when such crimes occur. Although most bank robberies take place in the early morning hours at banks that are in highly populated areas, they can take place anywhere. Bank robberies that are especially violent receive a lot of media attention which sometimes instills a sense of fear and panic among the general public.
In addition, society is forced to pay higher bank fees to pay for the added security necessary to avoid such crimes. While bank robberies are occurring at a slightly greater pace, the rate of apprehending suspects remains stagnant.
While bank robberies are solved at a fairly high rate, many bank robbers are never apprehended. In addition, a large percentage of the money stolen form banks is never recovered.
The origins of the crime of piracy can be traced to maritime piracy. Maritime piracy is an ancient crime that still occurs with great frequency even today. Pirates often attack vessels with the purpose of committing a crime while on board. In the past and even today, some pirates boarded ships with the purpose of holding hostages for ransom. In addition, many pirates board ships illegally with the purpose of stealing any cargo on board.
With the use of recent technology, pirates can trace ships until they are in water over which the pirates have control. The pirates are also frequently aware of what type of cargo is on board ships. Many deaths have resulted from maritime piracy and many countries have begun to work together to prevent such crimes in international waters.
There are many types of piracy. Copyright infringement is very common. Many times, the perpetrators will violate a copyright in order to make copies of artistic material in order to sell those copies and make a profit. For example, an individual may make copies of a CD and sell them for less than the price of obtaining a legal copy. There are also people that videotape movies while they are in the theater, which is also a violation of copyright laws.
It is sometimes difficult for copyright infringement to be prosecuted. Enforcing the laws is difficult because of the widespread availability of emerging technology. The equipment necessary to take part in piracy is fairly inexpensive, especially when compared to the potential profit from the crime. Law enforcement may be able to prosecute the person that is selling illegal copies of material, but they will likely be unable to locate the head of the crime ring. Generally, individuals involved in piracy are part of a large underground network that employs many levels of people.
Music is one of the most pirated types of artistic material. In fact, it is rather easy to obtain illegal copies of music. On the streets of most cities, there are individuals that sell illegal copies of CD's en mass. They are also likely to have copies of music that the artist never intended to be available for sale. The Internet also aids in helping individuals obtain free or low cost copies of music illegally. In fact, many people are guilty of music piracy without even realizing it.
Lawsuits involving music sharing websites were aimed at educating the public as to the laws regarding music piracy. The campaign was partially effective, teaching citizens about copyright infringement. However, the crime continues at a very high rate.
Piracy involving television and film also runs rampant. Copies of movies are sometimes made available by criminals before the movie is even released. Producers make copies of their movies available to judges for awards such as the Golden Globes. Those copies are sometimes illegally obtained by individuals that then make copies of the movie and sell it for a large profit.
The reality is that even when pirated movies are sold at a deep discount, pirates still make a large profit. Conversely, movie studios have a difficult time making a profit after the costs associated with making and advertising a film. This is especially true when many people chose to view an illegal copy of the movie rather than see it in the theater. The Internet makes it very easy for individuals to purchase pirated copies of artistic material. In fact, many items are available for free on the Internet.
Burglary involves the illegal entry of a structure with the intent of committing another crime. The other crimes include a number of possible intents. For example, a burglar may enter a structure with the intention of kidnapping a victim and holding them for ransom. While the crime of burglary can include violent offenses, the other crime is usually theft. The possibility of varying intents is the reason that burglary is considered an inchoate offense.
An inchoate offense in one that is committed with the purpose of committing another crime. Burglary, as an element of other crimes, can precede murder, assault, sexual assault, kidnapping, and murder. In fact, burglary can result in numerous other offenses.
Theft is not an element required for a crime to be classified as burglary. Burglary is simply the entering of a structure, in the absence of permission to enter said structure. Burglary can even be charged against an individual that has permission to enter a structure, but does so with a purpose contrary to that for which permission was granted.
The charges against a burglar will vary depending on many factors. The laws that govern burglary will vary according to jurisdiction and differ slightly in each State. The differences often become evident when examining the sentencing guidelines within each jurisdiction.
In some states, nighttime burglary receives a much harsher punishment than a similar crime during the day. In addition, the crime that proceeds the burglary will greatly effect the sentence of the perpetrator. Burglars generally receive a less harsh punishment than robbers. The difference between the crimes can be great.
First, robbers come face to face with their victims and use the threat of force, or actual force, in order to get victims to comply with their demands, whereas burglars generally do not come face to face with their victims, depending on the nature of their proceeding crime. Obviously a burglar that intends to assault, murder, or kidnap a victim will likely receive a much harsher punishment than a robber. But the distinction between the two crimes can blur at sentencing because they are both felonies and both crimes can end up being equally violent.
Federal Burglary Law
In most cases, burglary is governed by State laws. In fact, burglary can be charged in varying degrees, based on several factors, including the time of day, presence of a weapon and injury to any victims. In any case, each State makes determinations about the degree of burglary and about the length of sentences imposed for such a crime.
In each State, burglary in the first degree will incur the harshest penalty because it will be considered the most violent of burglaries. However, due to the nature of burglary as an inchoate offense, other crimes often proceed the burglary.
There are are numerous crimes that are a result of burglary. For example, an individual that breaks and enters to scope out a bank in order to rob it at a later date is only guilty of burglary. Even if that individual simply wandered into an area of an open bank in which they had not been granted access, they are still guilty of burglary because they entered the area in the absence of permission. Because banks fall under Federal jurisdiction, that individual would be subject to Federal laws as they apply to burglary. In general, burglaries of that type incur much harsher penalties and include time in Federal, as opposed to State, prisons.
Protecting Your Home
Statistics indicate a large increase in property crimes. Unfortunately, that increase includes the use of violence or force to complete thefts. The best way for home and business owners to avoid becoming a statistic is to offer adequate protections to their home and valuables.
There are various ways to protect structures. First and foremost, alarm systems that are properly installed greatly reduce the chance that a structure will be selected by a burglar. In fact, structures that have working alarms are significantly less likely to be targeted by criminals.
In general, burglars are looking for an easy target, which also allows them to stay out of view while they commit the crime. For that reason, structures should be clear of easy hiding places. Although trees and shrubberies can offer privacy to homeowners, they are also very effective hiding places for criminals. In addition, many homeowners leave valuables out in view, which can be enticing to criminals.
There are many other factors to consider when attempting to protect one’s property. Many times, employees of some types of companies work as informants to criminal rings. For example, the company that comes to clean rugs may employ an informant that works for a criminal ring. In addition, many criminal rings also take part in owning legitimate companies in order to gain easy access to structures while appearing legitimate.
In order to avoid the potential for this type of activity, homeowners should purchase a safe and install in a place where it is easily concealed. Most burglars will not bother with safes, unless they know what it contains. Homeowners should seek the advice of several companies before deciding on an alarm system. In addition, having the advice of two companies allows homeowners to have added protection.
Looting is a crime that takes place when the owner of a structure, or piece of property, is unable to protect that structure or the contents of that structure and individuals remove items during that time. There may be many reasons that the owner is unable to protect their property. Looting frequently takes place during and after war, during natural disasters and events such as blackouts.
Archaeological looting is also a common practice. Looters will often damage archaeological sites in order to take artifacts that they believe have monetary value. On occasion, archaeological looters are hired to locate specific types of artifacts and those looters will destroy any other artifact that gets in their way.
Prosecution of looting will vary by jurisdiction and also by type. Looters that were arrested after Hurricane Katrina were prosecuted at differing levels, depending on the nature of the crime. In fact, many looters were never prosecuted because they were simply trying to survive.
Those looters took only items that were necessary to ensure survival of their loved ones, such as food, water and medical supplies. However, there were those that looted expensive items, such as electronic equipment, in order to make a profit. There were also members of law enforcement that were caught looting at times when they should have been offering protection and help to the general public. In both cases, perpetrators were prosecuted to a higher extent than those that looted to survive.
There are several types of looting. Archaeological looting is rather common, partly because it is difficult to properly secure archaeological sites. Many times those sites are located in an area that is not heavily populated and locals often have the knowledge of how to get to the site without being seen by others. Native American archaeological sites are often looted and vandalized. Artifacts that can be found at those sites are often coveted, especially by private collectors.
There are also many other famous cases of looting. Some people classify crimes such as those committed by Goldman Sachs, as industrial or white collar looting. In that case, employees of the company are accused of looting from individuals that chose to invest with the company. In other words, the employees took the money from investors knowing that investments were going to fail. That could be classified as looting due to the nature of the crime.
There have also been famous cases of looting during natural disasters. The earthquakes in Haiti and Hurricane Katrina resulted in similar instances of looting. In both cases, individuals could be found looting for profit. Both disasters also included violence in concurrence with looting.
However, both disasters also resulted in individuals committing crimes in order to ensure the survival of their families. Many times, individuals had no other options to obtain the basic supplies necessary for survival. There was no clean water and food was scarce. Those types of circumstances can result in people taking part in activities that they would otherwise not, such as looting.
There are also famous cases of looting that resulted from war. The Nazi plunder, Yamashita's gold, and looting during the Iraq war, all represent looting that was perpetrated with the intent of making a profit from the stolen property. Government and military officials, with the aid of ordinary citizens, often planned looting on a mass scale. Museums, banks, personal residences, and other structures were looted while the war continued. Many citizens that had nothing to begin with found that they had even less because of looting.
During wars, basic supplies were very expensive and people often traded anything of value for those supplies. Unfortunately, many families found that their items of value were systematically looted while their homes were unprotected. In addition, many people were murdered while trying to protect their property from looters. Conversely, many citizens take part in looting during war because they have no other way to get the basic supplies for survival.
There have also been famous cases of looting that resulted from political events such as the Rodney King riots or the New York draft riots. In both cases, citizens became outraged by a politically-charged event and reacted by taking part in riots. Those riots culminated in extreme violence that resulted in the destruction of many structures. In addition to arson, and other forms of property damage, there was also mass looting. The mob mentality seemed to spread rapidly among rioters and looting took place on a massive scale.
No matter what the motivation, loo