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Burglary, also called breaking and entering (B&E) [1] or housebreaking, [2] [3] is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence.
Property crimes are high-volume crimes, with cash, electronics (e.g. televisions), power tools, cameras, and jewelry often targeted. [1] "Hot products" tend to be items that are concealable, removable, available, valuable, and enjoyable, with an ease of "disposal" being the most important characteristic. [2]
Taylor v. United States, 495 U.S. 575 (1990), was a U.S. Supreme Court decision that filled in an important gap in the federal criminal law of sentencing. The federal criminal code does not contain a definition of many crimes, including burglary, the crime at issue in this case.
The overarching intent of a hot prowl burglary can be theft, robbery, assault, sexual assault, murder, kidnapping, or another crime, either by stealth or direct force. [2] [3] [4] Hot prowl burglaries are considered especially dangerous by law enforcement because of the potential for a violent confrontation between the occupant and the offender ...
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For the Section 9(1)(a) offence, proof beyond reasonable doubt is required that the defendant intended to commit the offence specified as part of the burglary. In the Section 9(1)(b) offence, the mens rea is that of the offence committed, such that, for example, if grievous bodily harm is inflicted, recklessness will be sufficient to establish ...
At the second trial Benton's sentence of 15 years on the burglary count and five years for the larceny was to run concurrently, and after oral argument, as Justice Marshall wrote in his opinion of the court, "it became clear that the existence of a concurrent sentence on the burglary count might prevent the Court from reaching the double ...
James v. United States, 550 U.S. 192 (2007), is a decision by the Supreme Court of the United States that held that attempted burglary could serve as a predicate felony under the federal Armed Career Criminal Act (ACCA), which provided that a person convicted of being a felon in possession of a firearm with three prior convictions for either serious drug offenses or violent felonies must be ...